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W¥' ■ 






THE LIBRARY OF THE 

UNIVERSITY OF 

NORTH CAROLINA 




THE COLLECTION OF 
NORTH CAROLINIANA 



C328.1 

N87 

1862-63, Senate 

and House 
C.3 



UNIVERSITY OF N.a AT CHAPEL HILL 



00034005843 



This book must not 
be taken from the 
Library building. 



JOURNAL. 



OF 



THE SENATE 



OF THE 



GENERAL ASSEMBLY 



OF THE 



STATE or NORTH-CAROLINA. 



AT ITS 



FIRST SESSION. 1863. 



EALEIGH: 

W. W. HOLDEN, PRINTER TO THE STATE. 

1862. 



SENATE JOURNAL 1862--'63, 



FIRST SESSION. 



Tlie General Assembly of the State of North Carolina met 
in the city of Raleigh, on the I7th day, being the third Mon- 
day of November, Anno Domini, one thousand eight hundred 
and sixty-two ; and the following members elect of the Senate 
presented certificates of their election and were qualified 
according to law, to wit : 

1st District, Pasquotank and Perquimans — -Wm. H. Bagley. 

2d " Camden and Curritucis:, D. McD. Lindsay. 

3d " Gates and Chowan — 

4th " Hyde and Tyrrell— 

5th " Northampton — 

6th " Hertford— J. B. Slaughter. 

7th " Bertie— 

8th " Martin and "Washington — 

9th " Halifax— M. L. Wiggins. 
10th " Edgecombe and Wilson — Jesse H. Powell. 
11th « Pitt— 
12th " Beaufort— E. J. Warren. 
13th " Craven— Nathaniel Whitford. 
14th " Carteret and Jones — M. F. Arendell. 
loth " Green and Lenoir — Edward Patrick. 
16th " New Hanover— Eli W. Hall. 
ITth " Duplin — James G. Dickson. 
18th " Onslow— Juo. F. Murrill. 
19th " Bladen, Brunswick and Columbus — J. W. Ellis. 
20th " Cumberland and Harnett— W. B. Wriglit. 
21st " Sampson — Thomas I. Faison. 
22d « Wayne— Wm. K. Lane. 



4 SENATE JOURNAL. [Session 

23d District, Johnston — C. B. Sanders. 
24th " Wake— John P. H. Russ. 
25th " Nash— A. J. Taylor. 
26th " Franklin — Washington Harvij. * 

27th " Warren—- 1 ' bukf'vr^^<^ 
28th " Granville— R. W. Lassiter. 
29th " Person — James Holeman. 
30th " Orange— Win. A. Graham. 
81st " Alamance and Randolph — Giles Mebane. 
S2d " Chatham— Wm. P. Taylor. 
S3d " Moore and Montgomery — Calvin W.Wooley. 
34th " Richmond and Robeson — Giles Leitch. 
S5th " Anson and Union — Wm. C. Smith. 
36th " Guilford— Peter Adams. 
37th " Caswell— 
38tli " Rockingham — F. L. Simpson. 
39th " Mecklenburg — John A. Young. 
40th " Cabarrus and Stanly— J. W. Smith. 
41st " RoAvan and Davie — James G. Ramsay. 
42d " Davidson — H. Adams. 
43d " Stokes and Forsyth — James E. Matthews. 
44th " Ashe, Surry, Watauga, Yadkin and Allegha- 
ny. — Isaac Jarratt. 
45th " Iredell, Wilkes and Alexander — L. Q. Sharpe. 
46th " Burke, McDowell and Caldwell— S. J. Neal. 
47th " Lincoln, Gaston and Catawba — Jas. H. White. 
48th " Rutherford, Polk and Cleaveland— 
49tli " Buncombe, Henderson and Madison — 
50th , " MacoiT, . Hay wood Cherokee, Clay and Jack- 
8on.~-C. D. Smith. 

M. F. Arendell, Senator elect from the 14th District, made 
an explanatory statement as to the irregularity of his election, 
and was, on motion of Mr. Graham, there being no objection, 
admitted to qualify and take his seat. 

On motion of Mr. Hall, L. Q. Sharpe was admitted also to 
qualify and take his seat, there being some informality as to 
his certificate of election. 



1862-'63.] SENATE JOURNAL. 5 

A quorum being present, Mr. Ramsay nominated Giles 
Mebane, of Alamance, for Speaker of the Senate. 

Mr. Faison added to the nomination the name of W. B. 
Wright, of Cumberland and Harnett. * 

The Senate voted as follows : 

For Giles Mebane. — Messrs. Adams, of Davidson, Adams, 
of Guilford, Areudell, Graham, Holeman, Jarratt, Lassiter, 
Leitch, Matthews, Neal, Patrick, Ramsay, Russ, Sanders, 
Simpson, Sharpe, Smith, of Anson, Smith, of Macon, Smith* 
ot Stanly, Taylor, of Chatham, Warren, Wiggins, Wooley 
and Wright.— 24. 

For W. B. Wright. — Messrs. Ellis, Faison, Young. — 3. 

The following Senators voted for Hon. Wm. A. Graham, to 
wit : 

Messrs. Harris, Mebane, Murrill and Taylor, of Nash. — 4. 
■ Messrs. Dickson and White voted for Mr. Hall ; and 
Messrs. Lindsay, Slaughter and Bagley for Mr. Warren. 

Mr. Mebane having received a majority of the votes given, 
and being elected Speaker of the Senate, was conducted to 
the chair by Messrs. Hair and Ramsay and made an appro- 
priate address. 

On motion of M. F. Arendell, Mr. C. R. Thomas, of Car- 
teret, was put in nomination for Principal Clerk of the Sen- 
ate, and upon there being no other nomination made, on 
motion of Mr. Graham, Mr. Thomas was elected by acclama- 
tion. Principal Clerk. ^ 

Mr. Lassiter nominated Mr. L. C. Edwards, of Granville, 
for Assistant Clerk of the Senate, and on motion of Mr. 
Arendell, Mr. F. D. Koonce, of Jones, was added to the nom- 
ination, whereupon the Senate voted as follows : 

For L. C. Edwards. — Mr. Speaker, Messrs. Adams, of 
Davidson, Bagley, Graham, Harriss, Holeman, Jarratt, Lassi- 
ter, Leitch, Lindsay, Matthews, Neal, Patrick, Ramsay, Russ, 
Sanders, Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, 
of Macon, Smith, of Stanly, Taylor, of Chatham, Taylor, of 
Nash, Warren, Wiggins, Wooley, Wright and Young. — 29. 



6 SENATE JOURNAL. [Session 

For F- D. KooNCE.— Messrs. Arendell, Dickson, Ellis, 
Faison, Murrill and White. — 6. 

Mr. Edwards having received a majority of the votes cast 
was declared elected Assistant Clerk of the Senate. 

The Senate now proceeded to the election of Principal 
Door-Iveeper. 

Mr. Graham nominated Wm. R. Lovell, Mr. Rnss nomi- 
nated Wm. J. Page, and Mr. Harris nominated Mr. Winston. 

The Senate voted as follows : 

For AVm. J. Page. — Mr. Speaker, Messrs. Adams, of Guil- 
ford, Dickson, Ellis, Faison, Hall, Holeman, Lane, Lassiter, 
Miirrill, Powell, Rnss, Sanders, Simpson, Smith, of Anson ^ 
Smith, of Stanly, Taylor, of Nash, Whitf-, Wiggins, Wooley, 
Wright and Young. — 22. 

For Wm. R. Lovell. — Messrs. Bagley, Graham, Jarratt, 
Leitch, Lindsay, Matthews, Neal, Patrick, Ramsa}-, Sharpe, 
Slaughter, Smith, of Macon, Taylor, of Chatham and War- 
ren. — 14. 

For Mr. Winston. — Messrs. Arendell, Harris and Whit- 
ford.— 3. 

Mr. Page, having received a majority of the votes given, 
was declared elected Principal Door-keeper of the Senate. 

Mr. Taylor, of Chatham, nominated C. C. Tally for Assistant 
Door-keeper, and Messrs. Wicker, Powell and Jordan were 
eeverally added to the nomination, whereupon the Senate 
voted as follows : 

For C. C. Tally. — Messrs. Arendell^ Dickson, Ellis, Faison, 
Hall, Harris, Holeman, Lane, Morrill, Sanders, Simpson^ 
Smith, of Macon, Taylor, of Chatham, Taylor, of Nash, 
Whitford, White, Wiggins, Wooley, Wright and Yonng. — 20. 

For Mr. Wickek.— Mr. Speaker, Messrs. Adams, of Davidson, 
Adams, of Guilford, Lassiter, Ramsay, Rnss and Sharpe. — 7. 

For Mr. Powell. — Messrs. Bagley, Lindsay and Slaugh- 
ter.— 3. 

For Mr. Jordan. — Messrs. Leitch, Patrick and Warren. — 3. 

Mr. Tally, having received a majority of the votes given, 
was declared elected Assistant Door-keeper of the Senate. 



I'8e2-'e3.] SENATE JOURNAL T 

On motion of Mr. Simpson, a motion \<^as8ent to the House 
of Commons, that the Senate had organized by the election 
of Giles Mebane, Senator from Alamance, Speaker; C. R. 
Thomas, principal Clerk ; L. C. Edwards, Assistant Clerk, 
and Wm. J. Page and C. C. Tally, Door-keepers; and it was 
ready to proceed With the public business. 

On motion of Mr. Wiggins, the rules for the government 
of the last Senate were adopted lor the government of the 
present Senate, until otherwise ordered. 

Mr. Wiggins also moved that a committee of five be 
appointed to prepare and report rules for the government of 
the Senate, which was agreed to. 

On motion of Mr. Graham, a message was sent to the 
House of Commons, that the Senate proposes to raise a joint 
select committee, to consist of two on the part of each House, 
to wait on His Excellency the Governor, and inform him of 
the organization of both branches of the Legislature and of 
their being ready to receive any communication which he 
may desire to make. And on motion also of Mr. Graham, 
the Senate adjourned. 



TUESDAY, November 18, 1862. 

Prayer by Rev. Mr. Skinner. 

Mr. Ramsciy asked leave of absence for Mr. Graham until 
Friday next, whixjh was granted. 

J. G. Carraway, Senator elect from the 8th District, and 
W. S. Copeland, Senator elect from the 5th District, severallj 
presented 'certificates of election and were qualified according 
to law. 

The Speaker announced as the committee to prepare and 
report rules for the government of the Senate : Messrs. Wig- 
gins, Hall, Ramsay, Sharpe and Simpson. 

A message was received from the House of Commons, that 
they agree to the proposition of the Senate to raise a joint 
select committee to wait on His Excellency the Governor, 



a- SENATE JOURNAL. [Session 

and appoint Messrs. "Waddell and Williams as said Committee 
on the part of the House. 

The Speaker announced Messrs. Hall and Sanders, as said 
committee on the part of the Senate. 

Another message was received that their body has organ- 
ized by the election of K B. Gilliam, Speaker ; H. E. Colton 
Principal Clerk, and John A. Stanly Assistant Clerk, and is 
ready to proceed to business. 

Mr. Ramsay moved that a message be sent to the House, 
that the Senate proposes to go into an election for State 
Printer at I o'clock, which was agreed to, and Mr. Sharpe 
nominated W. W. Holden therefor. 

Mr. Hall from the joint select committee to wait on His 
Excellency the Governor, stated that the committee had 
waited on His Excellency and that he would report in writing 
forthwith, 

A message was received from the House, that they agree 
to the proposition to go into an election for State Printer at 
1 o'clock, and appoint Messrs. Walser and Stanford, commit- 
tee on their part to superintend the election, and inform the 
Senate that Willie J. Palmer has been nominated in the 
House. 

The Speaker announced Messrs. Lassiter and Taylor of 
Nash as the committee on the part of the Senate to superin- 
tend said election. 

A message was received from the House that they transmit 
fcn engrossed resolution entitled "Resolution in favor of W. 
R. Lovell," which was read first time, when, on motion of Mr. 
Simpson, the rules were suspended and the same was read a 
second and third time and passed. Also a message was 
received, that they transmit an engrossed resolution entitled, 
"Resolution to purchase a copy of the Ordinances and Reso- 
lutions of the Convention, for each member of the House and 
Senate and their several officers," which was agreed to, and 
on motion of Mr. Hall the rules were suspended, and said 
resolution was read a second and third time and passed. 

Mr. Simpson introduced the following resolution, viz : 



I 



1862-'63.] SENATE JOURNAL. 9 

^''Besolvedf That a message be sent to the House of Com- 
mons proposing to raise a Joint Select Committee of two on 
the part of the Senate, and three on the part of the House of 
Commons, to prepare and report joint rules for the govern- 
ment of the intercourse between the two Houses." Adopted. 

Mr. "White moved that seats on the floor of the Senate 
be allowed to three Reporters. Carried. 

Mr. Matthews introduced a resolution entitled, " Resolution 
in favor of J. W. Alspaugh," which was read first time, and 
on motion of Mr. Ramsay, the rules were suspended when 
the same was read a second and third time and passed. 

A message was received from the House of Commons, that 
they transmit a message from His Excellency the Governor, 
and propose to print twenty copies for each member of the 
General Assembly and one hundred copies for the use of the 
Executive OflSce, which was agreed to. 

The Speaker announced Messrs. Wright and Simpson as 
the Senate branch of the Joint Select Committee to prepare 
and report joint rules for the government of the Senate and 
House of Commons. 

The Senate now proceeded to the election for State Printer. 

The vote was as follows : 

For W. W. HoLDEN. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Arendell, Bagley, Carroway, 
Jarratt, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, 
Ramsay, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, 
of Anson, Smith, of Macon, Smith, of Stanly, Taylor, of 
Chatham, Taylor, otNash, Warren, Wooley and Wright. — 27. 

For Willie J. Palmer. — Messrs. Copeland, Dickson, Ellis, 
Faison, Harris, Holeman, Whitford, White and Young. — 9. 

Mr. Hall voted for Mr. Spelman, and Mr. Murrill voted 
for Mr. Pennington. 

Mr. Lassiter from the Committee to superintend the elec- 
tion of State Printer, reported that W. W. Holden received 
a majority of4;he whole number of votes cast, and is elected. 

On motion of Mr. Taylor, of Nash, the Senate adjourned. 



10 SENATE JOURNAL. [Session 

WEDNESDAY, November 19, 1862. 

A message was received from the House of Commons, that 
they agree to the proposition to raise a joint select committee 
to prepare and report joint rules for the government of the 
Senate and House of Commons, and appoint Messrs. Shep- 
perd. Amis and Keener, the House branch of said committee. 

Mr. Simpson, from the Joint Select Committee to prej>are 
and report Joint Rules for the government of the Senate and 
House of Commons, reported, recommending the rules which 
were in force at the last sesssion. 

The report was adopted. 

The rules are as follows, to wit : 

JOINT EULE8 OF THE SENATE AND HOUSE OF COMMONS. 

1st. Each House shall perfect and finally act on all bills, 
resolutions and orders, before the same shall be communica- 
ted to the other-for its concurrence ; and, if amended in the 
House to which it is transmitted, it shall be communicated to 
the House in which it originated, asking the concurrence of 
that House in the amendment. 

2d, In any case of amendment of abil!, resolution or order 
agreed to in one House, and disagreed to in the other, if 
either House shall request a conference and appoint a com- 
mittee for that purpose, and the other House shall also 
appoint a committee to confer, each committee shall consist 
of an equal number; and they shall meet and state to each 
other the reasons of their respective Houses, for and against 
the amendment, and confer treely thereon, and make a report 
in writing to their respective Houses, of the results of their 
conference. 

3d. Messages from one House to the other shall be sent by 
the Assistant Clerk of each House, unless otherwise ordered. 

4:th. When a message shall be sent from one House to 
the other, it shall be announced at the door of the House to 
which it is sent> by the Door-keeper, and shall be respectfully 
delivei*ed to the Chair^ by the person by whom it may be sent. 



1862-'63.] SENATE JOURNAL. 11 

5th. After a bill shall have passed the House in whicli it 
originated, it shall be under the si^gnature of the clerk, and 
engrdssed under his direction and inspection, before it shall 
be communicated to the other House. 

6th. After a bill shall have passed both Houses, it shall be 
duly enrolled on suitable paper by the Engrossing Clerk 
before it be presented for ratification. 

7th. When bills are enrolled, they shall be carefully exam- 
ined by a joint committee of three from the Senate and live 
from the House of Commons^ whose duty it shall be to care- 
fully compare the enrollment with the engrossed bills, as 
passed in the two Houses, and to correct any errors that may 
be discovered in the enrolled bills, and make their report of 
the said bills to the House. 

8th. After examination and report, each bill shall be rati- 
fied and signed in the respective Houses, first by the Speaker 
of the House of Commons, and then by the Speaker of the 
Senate. 

9th. All orders and votes of the House shall be examined, 
engrossed and signed in the same manner as bills. 

10th. When a bill or resolution which shall have passed in 
one House is rejected in the other, notice thereof shall be 
given to the House in which the same may have passed. 

11th The Committee in each House shall in all cases make 
in writing a statement of facts on which their report is foun- 
ded, which statement, with all other papers on which any 
bill or resolution may be formed, shall be transmitted to the 
other House. 

12th. The committee on Finance shall be joint, consisting 
of eight members from each House. 

The committee on Public Buildings and Grounds shall be 
a joint committee of two from the Senate and three from the 
House of Commons. 

The Library Commitee shall be a joint, standing committee 
of three members from each House, appointed hy the Speaker 
thereof, respectively. 

The committee on the Deaf and Dumb and Blind Asylilm, 



12 SENATE JOURNAL. [Session 

the Insane Asylnm, Military Affairs, Swamp Lands, Chero- 
kee Lands and Western Turnpikes, shall be joint standing 
committees, consisting each of three members from the House 
of Commons. 

13. In all joint committees the member first named on 
said committee on the part of the House proposing to raise 
such committee, shall convene the same; and when convened 
they shall choose their own chairman. 

Either House may make reference to any joint committee, 
and all reports shall be made to the House ordering such 
reference. 

15th. Whenever either House shall order any paper or 
document to be printed, it shall be printed in octavo form, 
on good paper and with fair tj'pe ; and those documents 
ordered to be printed by the Senate shall be printed as 
"Senate Documents," and those ordered to be printed by 
the House of Commons shall be printed as " House Docu- 
ments," and numbered in regular order, except when com- 
munications are made to either House by the Governor, 
Treasurer, Comptroller, or Secretary of State, and are ordered 
to be printed, they shall be designated " Executive Docu- 
ments ;" and said papers and documents shall be distributed 
in the following manner : one copy thereof to each member 
of the General Assembly, one copy to the Clerks of each 
House for the use thereof, and ten copies shall be deposited 
in the Public Library and the Public Librarian required to 
have them neatly bound. 

16th. All elections requiring a joint vote shall be viva 
voce., and a select committee of two members in each House 
shall be appointed to superintend the same in their respective 
Houses. 

After the vote shall have been taken, said select committee 
shall confer together and report the result of such election to 
their respective Houses. 

17th. The foregoing rules shall be permanent Joint Rules 
of the Legislature of North Carolina, until altered or amended. 

Mr. Mnrrill presented a memorial from sundry citizens of 



1862-'63.] SENATE JOURNAL. tS 

Onslow county, and on his motion the same was laid on the 
table 

Mr. Taylor, of Chatham introduced this resolution : 
• " jResolved, That the Coinraittee on the Judiciary be 
instructed to inquire into the constitutionality, expediency 
and propriety of so regulating the prices of all necessaries of 
life as to bring them within the reach of the poorer classes, 
and report by bill or otherwise." 

The resolution was read and on his motion, laid on the 
table. 

The Chair announced the following 

STANDING COMMITTEES I 

Propasitiam and Grievances. — Messrs. Lassiter, Arendell, 
Holemaii, Patrick, Copeland, Dickerson aod White. 

Privileges and Elections. — Messrs. "Wiight, Russ, "Wooley, 
Smith, of Anson, Hall, Ellis and Faison. 

Judiciary. — Messrs. "Warren, Wright, Leitch, Hall, Sharpe, 
Saiyider-s and Slaughter. 

Internal Imrprmements. — Messrs. Smith, of Macon, Mat- 
thews, Neal, Dickson, Lane, Taylor, of Chatham, and Ellis. 

Claims. — Messrs. Ramsay, Murrill, Ellis, Jarratt, Powell, 
Adams, of Davidson, and Taylor, of Nash. 

Education and Literary Fund. — Messrs. Leitch, Lassiter, 
Adams, of Guilford, Russ, Carroway and D. McD. Lindsay. 

Banks and Currency. — Messrs. Bagley, Harris, Copeland, 
Murrill, Lane, Wooley and Taylor, of Chatham. 

On Corporations. — Messrs. Arendell, Carraway, Dickerson, 
White, Smith, of Stanly, Simpson and Jarratt. 

On Agriculture. — Messrs. Holeman, Dickson, White, Neal, 
Powell, Smith, of Anson, and Whitford. 

Senate Branch of finance Committee. — Messrs. Wiggins, 
Oraham, Adams, of Guilford, Sharpe, Harris, Bagley, Faison 
and Young. 

A communication from W. W. Holden, was received by 
the Chair, read and concurred in, which is as follows : 



14 SENATE JOURNAL. [Session 

Raleigh, Nov. lOtli, 1862. 

To Hon. Giles Mebans, 

Speaker of the Senate : 

SiK : I beg leave to say that I accept the office of State 
Printer, to wliich I was elected 3'esterday by the joint vote 
of the tv\ o Houses of the General Assembly. 

It is, perhaps, proper that I should add that I did not desire 
the office, and that I had asked no one to support me, nor 
even to put dqc in nomination for it. 

My ordinary business as a printer and publisher requires 
all my time and attention, and is more agreeable and protita- 
ble to me than the ofBce of State Printer. Indeed, on hear- 
ing that I had been elected, I determined to decline, and 
Buch was my purpose formed several months since ; but, 
inasmuch as I have been elected, and as the public business 
may be delayed if I should decline, and as I am always dis- 
posed to serve my friends and the State when called upon to 
do so, I accept the office, and will endeavor to discharge its 
duties as I trust I have heretofore done, with fidelity and 
dispatch. 

It has been suggested, on the score of economy, that it is 
advisable that the Legislature should take the necessary steps 
to have the public printing executed at the Asylum for the 
Deaf and Dumb and Blind, in the city. 

No citizen of the State is more anxious than I am to save 
the public money and to lighten the burdens of the people, 
and no one is less disposed than I am to realize profits, at a 
crisis like the present, out of the State Treasury; and, with- 
out expressing an opinion as to the propriety of establishing 
a State Printing Office, I beg leave to say that if the Legis- 
lature should see proper to put the Asylum printing office in 
a condition to do the public work, I will at once, and with 
pleasure, retire from the office of State Printer, and shall be 
gratified if the plan suggested should operate in such a way 
as to promote the public interest. 



1862-'63.] SENATE JOURNAL. 15 

Permit me to add, iu concliision, that I am profoundly 
grateful to those who voted for me for State Printer ; and 
that I will spare neither pains nor expense to execute the 
work promptly and faithfully. 

1 have the honor to be, Sir, with much respect. 
Your obedient servant, 

W. W. HOLDEN. 

Mr. Wiggins, from the Select Committee to prepare and 
report rules for the government of the Senate, reported, 
recommending that the rules for the government of the last 
Senate, be adopted as the rules for the government of the 
present Senate. 

The report was adopted. 

The rules are as follows, to wit : 

KULES OF OKDER FOB THE GOVERNMENT OF THE SENATE. 

1. It shall be the duty of the Speaker to invite the pastors 
of the several churches in this city, under such arragements 
as they may make araong themselves to perform the service 
of prayer, at the opening of the daily sessions of the Senate. 

2. When the Speaker takes the chair each member shall 
take his seat, and, on the appearance of a quorum, the jour- 
nal of the preceding day shall be read. 

3. After the reading of the journal of the preceeding day 
the Senate shall proceed to business in the following order, 
viz: 

Ist. The receiving of petitions, memorials, pension certifi- 
cates, and papers addressed either to the General Assembly 
or to the Senate. 

2d. The Reports of Standing Committees. 

3d. The Reports of Select Committees. 

•ith. Resolutions. 

5th. Bills. 

6th. Bills, resolutions, petitions, memorials, messages, pen- 
sion certificates, and other papers on the table. Then, the 



16 SENATE JOUKNAL. [Session 

orders of the day. But motions and messages proposing to 
elect officers shall always be in order. 

4. When any member is about to speak in debate, or deli- 
ver any matter to the Senate, he shall rise from his seat and 
respectfully address himself to the Speaker, and shall contiue 
himself to the question under debate, and avoid personality; 
and when two or more members happen to rise at once, the 
Speaker is to name the one who is first to speak. 

No member shall speak more than twice on the same 
question or nomination for office, without leave from the 
Senate, and when any member is speaking he shall not be 
interrupted by any person, either by speaking, or by stand- 
ing, or by passing between him and the Chair. 

6. All bills and resolutions introduced shall pass, as a matter 
of course, the first reading. 

6. If any member in speaking or otherwise transgress 
the rules of the Senate, the Speaker shall, or any member 
may, call him to order ; in which case the member so called 
to order shall immediately sit down, unless permitted to ex- 
plain, and the Senate shall, if appealed to, decide on the case, 
but without debate. If there be no appeal the decision of 
the Chair shall be submitted to. If the decision be in favor 
of the member called to order, he shall be at liberty to pro- 
ceed ; if otherwise, and the case requires it, he shall be liable 
to the censure of the Senate. 

7. When a question is under debate, no motion shall be 
received but to adjourn, to lay on the table, to postpone 
indefinitely, to postpone to a day certain, to commit or to 
amend; which several motions shall have precedence in 
the order in which they stand arranged ; and any motion to 
adjourn or lay on the table shall be decided without debate ; 
and a motion to adjourn shall always be in order. 

8. Questions may be stated by the Speaker sitting, but shall 
be put standing. Questions shall be distinctly put in this 
form : 

" Senators ! as many as are of the opinion that, (as the case 
may be) say Aye," and after the affiimative voice is expressed, 



*'As many as are of a contraiy opimon,say No." If the 
Speaker doubt as to tbo voice of the majority, or a division 
he called for, tbe speaker shall call oh those in the atfirrna- 
tive of the question to rise from their «eats, and afterwards., 
thpse in the negative. If the speaker still doubt, or a count 
he required, thti speaker shall name two members, one from 
each side, to tell the number ia the affirmative, w'hJeh being 
reported he shall then name two others, one from <each s'id« 
to tell those in the negative, which being also Teiport«'d he 
shall state the decision to the Senate and ann^Kwce the deci- 
sion. No member who was without the bar -of the Senate 
when any question was put from the Chair, shall enter his 
yea or nay without leave, unless he shall have been absent 
■on some committee — and the tow <Si pillars shall be the 
^ar of the Senate. 

9. AVhen any member shall m'a^e a motion, which is not of 
tjourse, he shall reduce the same to writing, if required. 

10. In all cases of election hf the Senate, the Speaker shall 
vote; and when, on a divisior., there shall be an equal nusas-- 
ber of votes, the Speaker ehall decide the question. In ao. 
other case shall he vote, suntess his vote, if given to the mii^r- 
ity, will make the division -equal, and when an equal division; 
is produced by the Speaker's vote the question shall be lost.. 

11. No member shall depart the service of the Senate' 
without leave, -or receive pay as a member for tl>e time- he is. 
absent. 

12. Petitions, memorials and other papers addressedUo the- 
Senate, shall be presented by the Speaker, or by a* member 
in his place, a brief statement of the contents thereof shall 
verbally be made by the introducer, and the pets^bn,. memo- 
rial or other paper, shall not be read, unless so oi-dered: by. 
the Senate. 

13. Kesolutions for the appropriation of public- money, .and" 
all other resolutions of a public nature, as well a&^all bills, shalli 
be read the first time for information, and uijomthis readingr 
shall not be subject to amendment, but may be amendfed'onj 
the second aod third readings. And the C^mk. shall keep a; 



18 SEKATE. JiaiTRKAL,. pessiora 

calendar of all such resolutions and bills,, with, the order taken 
on each, in the order in which they are introduced, and they 
shall be taken' up and considered as they stand on the calen- 
dar, nnless otherwise ordered ; and the calendar shall be 
daily revised and kept on the Speaker's table for the inspec- 
tion of members, and all bills shall be numbered and dis- 
patched in the order in which they stand upon the calendar. 

14. All bills of a public nature, when reaely for the second 
reading, shall be noted as having been read at least one day 
previous thereto, and then shall be' tirst read' for information,, 
and then paragraph by paragi-aph, aad held opea for aiiiend- 
inent. 

15. After a bill or resolution has been once rejected, post- 
poned indelinitel}'' or to a day beyond the session, another of 

.like precision shall not be introduced d'uriiig the session. 

16. When ii question has been once decided, it shall be in* 
.orel'i!? for any member in the majority to move a reconsidera- 
ition thereof, on the same or succeeding day, if the bill, resolu- 
tion or paper upon which the question has heen taken be in 
possessiois of the Senate ; and no bill or resolution of a public- 
nature shall be sent from the Senate nntil 12 o'clock the- 
succeeding day ;■ but when the motion to reconsider is laid on 
the table, it shall not again be called up. 

17. When' an amendment to be proposed to the Constitu- 
tion is under consideration, a concurrence of two-thirds or 
three-iifths of 'the members present shall not be I'equired to- 
decide any questions for amendments or extending to the 
merits shart of the final question. 

18. When a question may have been decided by the' 
Senate, in which three-fifths or two-thirds of the member's 
present are necessary to carry the affirmative, any member 
who Tot«ed on that side which prevailed in the question, may 
be at liberty to move a reconsideration ; and a motion for 
reconsideration on hall be decided by a majority of votes. 

19. The Speaker shall examine and correct the journal before 
it is read ; he shall have the general direction of the Hall ; 
he shall designate who shalbcompose all committees, except 



*->*' 



18G2-'63.] SENATE JOURNAL. 19 

when otherwise ordered ; and the select committees of the 
Senate shall consist of five members. 

20. There shall be appointed by the Speaker the following 
committees, viz : 

A Committee on Propositions and Grievances. 
A Committee on Privileges and Elections. 
A Committee on Claims. 
A Committee on the Judiciary. 
A Committee on Internal Improvements. 
A Committee on Education and the Literary Fund. 
A Committee on Banks and Currency. 
A Committee on Corporations. 
A Committee on Military Affairs, and 
A Committee on Agriculture, consisting of seven members 
each. 

21. When the Senate resolves itself into a committee of 
the whole, the Speaker shall leave the Chair and appoint a 
Chairman ; and when upon any other occasion the Speaker 
wishes to leave the Chair he shall appoint a Speaker ^ro. 
tern. 

22. "When a petition, memorial or other paper addressed 
to the Senate shall have been referred either to one of the 
standing or select committees, they shall, in their report on 
the petition, memorial or other paper, make a statement in 
writing of the facts embraced in the case referred. 

23. In case of any disturbance or disorderly conduct in the 
lobby or gallery, the Speaker or Chairman of the committee 
of the whole, shall have power to have the same cleared. 

24. No person except members of the House of Commons, 
Officers and Clerks of the two Houses of the General Assem- 
bly, Judges of the Supreme and Superior Courts, Officers of 
the State resident at the seat of Government, members of 
Congress, persons particularly invited by the Speaker, and 
such gentlemen as have been members of either House of the 
Legislature, shall be admitted within the Hall of the Senate. 

25. Any member dissatisfied with the decision of the 
Speaker on any q^iiestion of order, may appeal to the Senate. 



20 SENATE JOURNAL. [Strssion 

26. When tlie Senate adjourns, the members shall keep 
their seats until the Speaker leaves the Ciiair. 

27. Saturday in ever}' week shall be set apart for the con- 
sideration of private bills atid private business, in preference 
to any other, unless otherwise determined by the majority of 
the Senate, and the Clerk shall keep a Senate calendar of 
the same. 

28. The rules for the government of the Senate shall not 
be amended or altered without giving at least one days notice 
of such amendment or alteration, nor without the consent of 
two-thirds of the members present ; but the rules may be 
suspended temporarily for a special purpose by the concur- 
rence of two-thirds of the members present. 

The Speaker announced as the committee on enrolled bills 
for the present week, Messrs. Ramsay, Ellis and "Wright. 

A message was received from the House of Commons, that 
they propose to the Senate to raise a joint select committee 
of two on the part of each House tt) wait on his Excellency, the 
Governor, and inform him that the General Assembly is now 
prepared to receive from him in person any communication 
that he may desire to make, which the public interest may 
render it proper to consider in secret session. 

The message was agreed to, and the Speaker announced 
Messrs. Bagley and Ross, as the Senate branch of said 
committee. 

Mr. Sharpe introduced a resolution as follows^ to-wit: 

Resolved, That a message be sent to the House of Com- 
mons proposing to print in pamphlet form, for the uste of the 
Members and various Departments and each of the Clerks of 
the Legislature, the Constitution of the Confederate States, 
the Bill of Rights and Constitution of the State, as amended 
by the Convention, the Rules of Order of the two Houses, 
the Joint Rules, the Standing and Select Committees, also, 
the names of the members of both Houses, the names of the 
counties represented and the post oflSces nearest the resi- 
dence of each member. Adopted. 

Mr. Murrill also introduced the following resolutions, to-wit ;., 



1862-'63.] SENATE JOURNAL. 21 

Whereas, The Confederate Congress, in an act known as 
the " Military Exemption Bill," by the exemption of such 
persons as may be the owners of twenty or more negroes, and 
also snch as own 500 head of cattle, 500 head of sheep, or 
250 head of horses or mules, have in the opinion of this Gen- 
eral Assembly, made unjust discrimination between snch 
persons and their less fortunate fellow- citizens, contrary to the 
spirit of our institutions, and in direct violation of the 3rd 
section of our Bill of Rights, declaring " that no man or set 
of men are entitled to exclusive or separate emoluments or 
privileges from the community, but in consideration of public 
services. Therefore be it 

Resolved by the General Assembly^ That we do not believe 
there exists a necessity for snch distinctions, and we most 
respectfully ask our Senators and Representatives in Congress 
to bring the matter to the consideration of Congress, and urge 
a repeal of said claims at the earliest possible day. 

Resolved^ That the Speaker be requested to transmit a copy 
of these resolutions to our members in Congress immediately 
after their adoption. 

The foregoing resolutions were read first time, and, on 
motion of Mr. "Warren, laid on the table. 

On motion of Mr. Taylor, of Chatham, the resolution intro- 
duced to-day by him was taken from the table and referred 
to the committee on Judiciary. 

Mr. Russ, from the Joint Select committee, to wait on his 
Excellency, the Governor, reported that the committee had 
waited on his Excellency, and that he would meet and com- 
municate with the Senate at 1 o'clock P. M. 

On motion of Mr. Sharpe, the Senate took a recess until 
^ to 1 o'clock. 

Tlie Senate, at 1 o'clock, having resumed business, a mes- 
sage was received from the House of Commons, that they 
agree to the proposition of the Senate to print the Constitu- 
tion of the Confederate States, the Constitution of North 
Carolina, as amended by the Convention, the Joint Rules, &c. 

Another message from the House was received, that they 



22 SENATE JOUENAL. [Ses8it>n 

invite tlie Senate to meet them in the Commons Hall in con- 
ference with his Elxcellencj''. the Governor, at 1 o'clock P. M. 

A message was sent to the House that the Senate accepts 
their invitation, and the hour of one having arrived, the 
Senate, with his Excellency, the Governor) proceeded to the 
Commons Hall. 

On the return of the Senate to their Chamber, Mr. Simpson 
moved to adjourn until to-morrow morning 10 o'clock. Ad- 
journed accordinglj. 



THURSDAY, Novembeb 20, 1862. 

"Wm. M. Shipp, Senator elect from the 49th District, pre- 
sented his certificate of election and qualified according to 
law. 

Mr, Harasay moved to reconsider the Yote by which the 
report of the committee on Joint Rules of the Senate and 
House of Commons was adopted. Carried. Mr. Ramsay 
now moved, further, that the report of the said Committee 
be recommitted to them, and that the House of Commons be 
informed thereof, which also was carried, and a message 
accordingly was sent to the House. 

Mr. Wooley introduced this resolution ; 

'■^ liesolved^ That the Committee on the Judiciary be 
instructed to inquire as to the expediency of establishing an 
additional judicial circuit in North Carolina, and that they 
report by bill or otherwise." 

And the same was adopted. 

Mr. Sharpe introduced a resolution entitled a "Resolution 
in favor of sheep," which is as follows: 

" Resolved, That the Committee on Finance be instructed 
to levy a tax upon all the dogs, except one that any citizen 
may deem proper to keep about his premises, of not less than 
five dollars per head. Adopted. 

Also, Mr. Sharpe introduced the following resolutions, to 
wit : 



1862-''63.] SMAtE JOtilNAL. ^3 

Resolved^ hy the General Asserriby of North Carolina^ 
That we cordially approve (St the course pursued by His 
Excellency, Governor Yance, the object of which is to furnish 
our soldiers with clothing and other necessaries. 

Resolved^ That North Carolina is ready and willing to 
make any sacrifice, no matter how great, of both blood and 
treasure, that may be necessary to insure the independence 
of the Southern Confederacy. Read and laid on the table. 

Mr. Lassiter introduced a bill entitled, "A Bill to prevent 
speculation in corn, flour, bacon, &c," which was read first 
time and referred on motion of Mr. Sharpe, to the Committee 
on the Judiciary ; also, a bill entitled " A Bill to amend the 
9th and 12th sections of chapter 101 of the Revised Code, 
entitled " Roads, Perries and Bridges," which was read first 
time and referred, on his motion, to the same Committee. 

Mr, Lane introduced a resolution instructing the Committee 
■on Military Aff'a>irs to re.pert, by biM or otherwise, sueh 
measures as they may deem necessary for the ^protection of 
Eastern North Carolina, which was adopted; also, a resolu- 
tion entitled "A Resolution for preventing the distillation of 
grain," which was read first time and referred to the Com- 
mittee on the Judiciary. 

Mr. Smith, of Anson, introduced a resolution entitled 
" Resolution in favor of Thomas Smith, attorney in fact of 
Phillip G. Smith, to refund him taxes overpaid," which was 
i-ead first time and referred, on motion of Mr, Sandere, to th« 
Committee on Claims. 

Mr. Faison introduced a bill entitled " A Bill to secure the 
property of married women," which was read ^rst time and 
referred to the Committee on the jTudiciary, on motion of Mr. 
Kail ; and was also, on motion of Ml*. Slaughter, ordered to 
be printed. 

Mr. Wright moved to reconsider the vote by which the 
report of the Committee appointed to prepare and report 
rules for the government of the Senate was adopted. Carried. 

Mr. "Wright now moved that the clause of the rule which 
directs the Speaker to appoint a Committee on Military 



24 SENATE JOURNAL. [Sessioo 

AfFaii-8 be stricken out, which was carried, and tlwj report of 
the Committee on rules for the governmeat of the Senate 
was adopted. 

Mr. Sharpe introduced a bill entitled "A Bill' to repeal an 
act ot the last General Assembly of North Carolina, entitled 
*An act to change the jurisdiction of the Courts and the 
rules of pleading therein,'" which was read first time, and, on 
motion of Mr. Hall, referred to the Committee on the 
Judiciary. 

Messrs. Sharpe, Hall and Young were announced as the 
Senate's branch of the Committee to superintend the printing 
of the Constitution of the State as amended by the Conven- 
tion &c., under a resolution oi Mr. Sharpe, introduced on 
yesterday, and the House of Commons was informed thereof, 

Mr. Young introduced a bill entitled " A Bill to amend the 
charter of the Atlantic, Tennessee and Ohio Railroad," which 
was read and referred to the Committee on Internal Improve- 
inents ; and, on motion of Mr. Ramsay, the same was ordered 
to be printed. 

A message was received from the House of Commons that 
they propose to go into an election for one Engrossing Clerk, 
at 12 o^clock, M. Agreed to, and Walter A. Huske was 
nominated by Mr. Wright, and Lewis W. Joyner'sname 
added, by Mr. Simpson, to the nomination, and the House of 
Commons was informed thereof. 

Also, received a message from the House of Commons that 
they transmit sundry documents and propose to print the 
same. Concurred in. 

Mr. Hall presented a recommendation of the appointment 
of Thomas C. Miller a Justice of the Peace for New Hanover 
county. Agreed to, and the House of Commons was informed 
thereof. 

A message was received from the House of Commons that 
they concur in the foregoing appointment. 

Mr. Ellis introduced a bill entitled "A Bill to provide for 
clothing N. C. Troops and for other purposes," which was 
read first time and referred to the Committee on Military 



lS62-'63.] SENATE JOURNAL. 85 

Affairs ; and, on motion of Mr. Ramsaj, the same was ordered 
to be printed. 

On motion of Mr. Arendell the vote by wliich said bill was 
referred was reconsidered, and, on his motion, the same was 
referred to a select committee. The Chair then announced said 
Committee, Messrs. Ellis, Lane, Young, Carrowaj and Wooley. 

A message m as received from the House of Commons, that 
the hour of 12 having arrived thej would proceed to the 
election of an Engrossing Clerk. 

The Senate proceeded, under the superintendence of Messrs. 
Wright and Faison, to the election of Engrossing Clerk, which 
resulted as follows : 

Eor Walter A. Huske.— Mr. Speaker, Messrs. Adams, of 
Davidson, Arendell, Bagley, Carroway, Dickson, Ellis, Faison, 
Hall, Holeman, Jarratt, Lane, Lassiter, Leitch, Lindsay, 
Matthews, Murrill, Neal, Patrick, Ramsay, Russ, Sanders, 
Shairpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, 
of Stanly, Taylor, of Chatham, Warren, Wiggins, Wooley, 
Wright and Young. — 33. 

Foe Lewis W. Jotner: — Messrs. Copeland, Harris, Pow- 
ell, Simpson, Taylor of Nash, and White. — 6. 

Mr. Lane introduced a bill entitled, " A bill to amend the 
13th section of the 105th chap, of the Revised Code," which 
was read first time and referred to the committee on the 
Judiciary. 

Mr. Wright from the committee to superintend the election 
for an Engrossing Clerk, reported that Walter A. Huske re- 
ceived a majority of the whole number of votes given, and is 
elected. 

On motion of Mr. Matthews, the Senate adjourned until 
to-morrow morning, II o'clock. 



FRIDAY, November 21, 1862. 
Prayer by Rev. Mr. Hardie. 
Hon. Bedford Brown, Senator elect from the 37th District, 



26 SENATE JOURNAL. [Session 

and M. L. Eure, Senator elect from the 3d District, severally 
presented certificates of election and were qnalitied according 
to law. 

The Speaker announced the follovfing, as the Senate's 
branch of Joint committees, to-witi 

Oil Deaf and Diimh and Blind Asylum. — Messrs. Aren- 
dell, Cop el and and Taylor of Nash. 

On Swamp Lands. — Messrs. Lindsay and Mnrrill, 

On Public Buildings and Grounds. — Messrs. Lane and 
Jarratt. 

On Puhlic Library. — Messrs. Ellis, Patrick and Lassiter. 

On Cherokee Lands and Western Turnpikes. — Messrs. 
Shipp, Poweli a,nd Neal. 

On Insane Asylum. — Brown, Ramsay and Smith of 
Macon. 

Mr. Ellis presented two memorials from sundry citizens of 
Columbus county, which were referred, on his motion, to the 
committee on Propositions and Grievances. 

Mr. Simpson from the Joint Select committee to prepare 
and report Joint Rules of the Senate and House of Commons, 
reported, recommending the adoption of the rules of the last 
Oenoral Assembly with this amendment, to- wit : After the 
words " all orders," in rule 9, insert the word " resolutions.^' 
The report was adopted. 

Mr. Smith of Macon, introduced a resolution as follows, 
to- wit : 

^'' Besolved^ That the committee on Military Affairs, be in- 
structed to inquire into the expediency of granting disabled 
soldiers and the widows and orphans of deceased soldiers, 
a pension until the Confederate States' Congress shall pro- 
vide for them, and that they report by bill or otherwise.^' 
Adopted. 

Mr. Shipp introduced a bill entitled, a bill to be entitled, 
" An Act to modify and change an act, entitled. An Act to 
change the jurisdiction of the courts and the rules of plead- 
ing therein,' " which was read first time, and on his motion, 



1862-'63.] SENATE JOURNAL. 27 

referred to the committee on the Judiciary ; and on motion 
of Mr. White, the same was ordered to be printed. 

Mr. Taylor of Chatham, introduced a bill entitled, "A Bill 
to repeal the 75th section of the 34th chapter of Kevised 
Code," which was read first time, and on motion of Mr. Hall, 
referred to the committee on the Judiciary. 

Mr. Young introduced a bill entitled, " A Bill to amend 
the charter of the Western Plank Koad," which was read first 
time and referred to committee on Internal Improvements. 

Mr. Ramsay from the committee on Claims, reported back 
a "resolution in favor of Phillip G. Smith," and recommend- 
ed its passage. 

The resolution was t-ead a secotid time and passed, and on 
motion of Mr. Smith of Anson, the rules were suspended and 
the same was read a third time and passed. 

IJy Mrk Lassiter, 

Unsolved, That so much of the Governor's message as re- 
fers to the raising of ten regiments for State defence, be re- 
ferred to the Joint committee on military affairs. Adopted. 

Mr. Ellis introduced a resolution as follows : 

Resolved^ That the Quarter Master General of North-( Car- 
olina be and he is hereby requested to lay before the Legis- 
lature a full and complete statement of all the transactions of 
his office since the commencement of the war, setting forth 
particularly the amount of clothing issued, to what regiments, 
battalions or companies, issued ; the number of requisitions 
filled ; the number of requisitions made upon his office that 
have not been filled ; what evidence he has that the supplies 
sent have been received and used by the troops to whom 
Bent; the amount of all sorts of Quartermaster's stores now 
on hand — setting forth particularly the amount of each kind; 
the number of contracts he has made for supplies in North- 
Carolina; the persons and parties with whom he has con- 
tracted ; the amount of supplies he is likely to raise from all 
these sources, and the probable amount, if any, he is likely 
to fall short of what will be required for the use of our troops 
for the next six months. Adopted. 



28 SENATE JOURNAL. [Session 

Mr. Ramsay asked leave of absence for Mr. Hall for two 
or three days. Granted. 

On motion of Mr. Simpson, the Senate adjourned until 
to-morrow morning, 10 o'clock. 



SATURDAY, Notembee 22, 1862. 

Prayer by Rev. Mr. Lansdell. 

The Speaker announced as the Senate branch of the Joint 
Committee on Military Affairs, Messrs. Eure, Young and 
Carraway. 

Mr. Ramsay introduced a resolution, referring different 
parts of the Governor's message, to appropriate commmittees, 
to wit: 

" liesolved^ That so much of the Governor's message as re- 
lates to State defences, and the employment of slave labor 
for that purpose ; to raising ten regiments for that purpose ; 
to internal police regulations ; to the manufacture of powder 
and other munitions of war ; to providing clothing and sub- 
sistence for our troops and officering those in the service of 
the Confederate States, be referred to the committee on Mili- 
tary Affairs. 

llesolmd, That so much of the same as relates to the pun- 
ishment of deserters from the army, and of those who aid and 
liarbor them ; to the right of habeas corjpuB and to civil and 
military law ; to political prisoners, citizens of North Caroli- 
na, confined in Salisbury or elsewhere ; to reinstating the 
Courts, Superior and Supreme ; to the certificates of clerks to 
Judges ; to the re-organization of the Judicial Circuits, and 
the creation of a new circuit, be referred to the committee on 
the Judiciary. 

Resolved^ That so much of the same as relates to the State 
debt, currency, taxation of land and slaves; to the Board of 
claims, and the appointment of an Auditor of Public accounts, 
be referred to the Committee on Finance. 

Resolved^ That so much of the same as relates to the ex- 



1862-'63.] SENATE JOURNAL. 29 

portation of flour, bacon, leather, &c., and to the distillation 
of spirituous liquors from grain, be referred to the committee 
on Propositions and Grievances. 

Resolved^ That so much as relates to repairing the public 
highways and to internal improvements generally, be refer- 
red to the committee on Internal improvements. 

Resolved^ That so much of the same as relates to Common 
Schools, and the Literary Fund, and to authorizing the Lite- 
rary Board to appoint a Treasurer, be referred to the com- 
mittee on Education and the Literary Fund. 

Resolved, That so much as relates to the purchase, by the 
State, of corn and bacon for soldiers' wives and children, 
be referred to the committee on Agriculture. 

Resolved, That the committees above named be requested 
to take the subjects severally referred to them in these reso- 
lutions, into early and earnest consideration, and report as 
soon as practicable by bill or otherwise," which were read 
and adopted, and on his motion, ordered to be printed. 

Mr. Murrill moved to take up the resolutions entitled "Re- 
solutions instructing our Representatives, and requesting our 
Senators in Congress, to urge a repeal of certain clauses of 
the act of Congress known as the " Exemption act," and to 
refer the same to the committee on Military Affairs. Carri- 
ed, and the resolution was referred accordingly. 

Mr. Ramsay asked leave of absence for Mr. Adams of Da- 
vidson, until "Tuesday next, which was granted. 

Mr. Lane, introduced a bill entitled, "A Bill in regard to 
th9 hire of Slaves," which was read first time, and on his mo- 
tion, referred to the committee on the Judiciary ; and fur- 
ther, on his motion, was ordered to be printed ; also, a bill 
entitled, " A Bill for the management of Insolvent estates," 
which was likewise read first time, and on his motion ordered 
to be printed, and to be referred to the committee on the Ju- 
diciary. 

A message from the House of Commons was received, that 
they transmitted a message of his Excellency, and the report 



30 SENATE JOURNAL. [Session 

of the Directors, &o., of the Insane Asyhim, and proposing to 
print said report, which was agreed to. 

Mr. EUis intruduced a bill entitled, " A Bill concerning 
Salt," which was read firsi time and referred, on his motion, 
to the committee on PropDsitions and Grievances. 

Mr. Copeland introduced a resolution entitled " A Resolu- 
tion pertaining to the Militia," M'hich was read first time, and 
on motion, referred to the committee on Military Affairs. 

Mr. Warren, from the Committee on the Judiciary, asked 
leave to return certain bills and a resolution and have them 
referred to appropriate committees. Leave granted, and on 
his motion, a bill entitled " A Bill to amend the 9th and 12th 
sections of chapter 101 of the Revised Code," was referred 
to the Committee on Internal Improvements ; a bill entitled 
"A Bill to prevent speculation in corn, flour, bacon, &c.," 
was referred to the Committee on Military Affairs ; a resolu- 
tion entitled " A Resolution for the preventing the distillation 
of grain," was referred to the Committee on Propositions and 
Grievances. 

Mr. Russ introduced a resolution entitled " A Resolution to 
prohibit the transportation of articles of prime necessity 
beyond the limits of the State," which was read first time, 
and the rules were suspended and the resolution read a sec- 
ond time. 

Mr. Young offered as an amendment the following resolu- 
tion, to- wit : 

'"'• Resolved^ That the Governor be and he is hereby author- 
ized to cause to be seized any articles of provisions or clothing 
which may be in transitu to markets beyond the limits of this 
State, or which are known to be intended for markets beyond 
this State : Provided^ that in his opinion such article or arti- 
cles are necessary for the use of the troops of this State or 
for destitute citizens of any part of the State, and provided^ 
further^ that such articles have not been purchased for the 
immediate relief of special committees or persons not residing 
in this State," which was read and rejected. 

A message was received from the House of Coraraons^ that 



laa2-'63J SENATE JOURNAL. 31 

thej propose to the Senate to go into an election at 12 o'clock 
M. for Comptroller, and that 0. 11. Brogden is in nomination 
therefor, which was agreed to. 

Mr. Mnrrill moved to amend Mr. Kuss' resolution of to-day 
by adding after the words " force and effect of law," the 
words " for the space of twenty days," and Mr. Slaughter 
moved to add thirty days, which latter motion was agreed to. 

^v. Young now moved to amend by adding after the 
words " Confederate States," words " and properly accred- 
ited agents of destitute communities from other States," 
which was not agreed to. 

Mr. Copeland maved to amend by adding this proviso: 
Providedy said resolution shall interfere with no articles which 
are beii'g exchanged in trade between accredited agents of 
counties or communities from this State to other States," Not 
adopted. 

The original resolution passed its second reading. 

The Jiour of 12 having arrived, the Speaker announced 
Messrs. Lane and Taylor, of Chatham, committee on the part 
of the Senate to superintend the election for Comptroller, and 
the House was informed thereof. 

The Senate proceeded to. vote — C, IL Brogden being in 
nomination — for Comptroller. 

The vote was as follows i 

FoeC. H. Bkogden — Mr. Speaker^ Messrs. Adams, of David- 
son, Adams, of Guilford, Arendell, Bagley, Brown, Carro- 
way, Copeland, Dickson, Ellis, Eure, Faison, Harriss, Hole- 
man, Jarratt, Lane, Lassiter, Lindsay, Leitch, Matthews, 
Murrill, Neal, Patrick, Powell, Ramsay, Russ, Sanders, 
Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Ma- 
con, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, 
"Warren, White, "Wiggins, Wooley, "Wright and Young — 4:1 

A message was received from the House that Messrs Grier 
and Eelly were the Committee on the part of the House to 
superintend the election for Comptroller, and that the House 
would proceed to vote upon the return of the messenger. 



32 SENATE JOURNAL. [Session, 

Tlie resolution of Mr. Rnss was read a third time. 

Mr. Eure moved to amend by adding after the words " ex- 
cept articles," the words " held by," which was accepted. 

Mr. Enre now offered an amendment in these words : Strike 
out the words " all articles of prime necessit}''," and insert 
" all articles of clothing, wool, shoes, leather, cloth of any 
kind, provisions, wheat, flour, meal, pork, bacon, ho»s, cattle, 
salt or any other article of prime necessity, the product of 
this State." 

A message was received from the House that they propose 
to go into an election for Solicitor of the 7th Judicial Circuit 
at 1 o'clock, and A. S. Merriman, Esq., of Buracombe, is in 
nomination therefor, which was agreed to, and the Chair 
announced Messrs. Smith, of Macon, and Faison, as the com- 
mittee on the part of the Senate to superintend the election. 

The question recurring on the amendment proposed by 
Mr. Eure to the resolution of Mr. Russ, the amendment was 
adopted. 

The rules were suspended and the resolution was read a 
third time and passed, 

Mr. Ramsay moved to reconsider th©- vote just taken ; Mr. 
Sanders moved to lay on the table Ms motion, which was 
carried. 

Mr. Brown moved that the resolution be engrossed and 
transmitted forthwith to the House of Commons, and it was 
engrossed and sent accordingly. 

A message from the House was received that they had 
appointed Messrs. Lyle and Nissen a committee to superin- 
tend the election of Solicitor for the 7th Judicial Circuit, and 
would proceed to vote on the retorn of the messenger. 

Mr. Taylor, of Chatham, from the committee on the part 
of the Senate, to superintend the election for Comptroller, re- 
ported that C. H. Brogden received 129 votes, being a majority 
of the whole number cast, and is elected. 

Mr. Adams, of Guilford, introduced a bill entitled *' A Bill to 
prohibit for a limited time the manufacture of spirituous liquors 
from grain, amendatory of an Ordinance of the Convention 



1862-'63.j SENATE JOURNAL. 33 

ratified tli6 2ist February, 1862," wliicli was read first time, 
and on motion of Mr. Ramsay, referred to tlie Committee on 
Propositions and Grievances, and also, on his motion, ordered 
to be printed. 

The Senate proceeded to vote for Sohcitor of the 7th Judi- 
cial Circuit; A. S. Merrimon being in nomination — the vote 
was as follows : 

For a. S. MEREiMoiir — Mr. Speaker, Messrs. Adams, t)f 
Davidson, Adams, of Guilford, Arendell, Bagley, Brown, Car- 
roway, Copeland, Dickson, Ellis, Eure, Faison, Harris, Hole- 
man, Jarratt, Lane, Lassiter, Leitch, Matthews, Murrill, Neal, 
Patrick, Powell, Ramsay, Russ, Sanders, Simpson, Sharpe, 
Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, 
Taylor, of Chatham, Taylor, of Nash, Warren, White, Wig- 
gins, Wooley, Wright and Young — 40, 

A message was received from the House, that they trans- 
mit the House branch of Joint Standing committees ; also 
another message was received that they propose to raise a 
joint select committee of five on their part, and three on the 
part of the Senate, to take into consideration the verbal com- 
munication of the Governor, which was agreed to. 

Mr. Faison from the committee appointed to superintend 
the election of Solicitor for the Tth Judicial Circuit, reported 
tliat the whole number of votes cast is 127. A. S. Merrimon, 
received that number, and is unanimously elected. 

A message was received from the House, that they request- 
the Senate to concur with th6m in a resolution to proceed 
immediately upon the return of the messenger, to an election 
for Solicitor for the 1st Judicial Circuit; that Jesse J.^ates,. 
of Hertford, had been placed in nomination. Concurred- in^ 
and Messrs. Warren and Patrick were announoed by the' 
Chair as committee on part of the Senate, to su|:)erintend the- 
election. 

A message was received from the Hous-a, that Miessrs. 
Spruill and Riddick constitute the House branch of the com- 
mittee to superintend the election of Solicitor for; the l&t.JCu? 
dicial Circuit. 



3Jt SENATE JOURNAL. [Session 

The Senate proceeded to vote, Jesse J. Yates being in 
nomination, for Solicitor of the 1st Judicial Circuit. 

The vote was as follows : — 

For Jesse J. Yates. — Mr. Speaker, Messrs. Adams, of Da- 
vidson, Adams, of Guilford, Arendell, Bagle}^, Brown, Carro- 
Avay, Copeland', Dickson, Eiiis, Eure, Faison, Harris, Hole- 
man, Jan-att, Lane, Lassiter, Leitch, Matthews, Murrill, 
Neal, Patrick, Powell, Eamsaj, Russ, Sanders, Simpson, 
Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, 
Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War- 
ren, White, Wiggins, Woole}', Wright and Young. — 40. 

Mr. Jarratt introduced this resolution which was adopted, 
to-wit : 

'■ jResoIved, That the Governor be requested to inform the 
General Assembly, at as early a day as may suit his conve- 
nience, how many troops North-Carolina has fnrnished for 
itlie war, how many were State troops, how man}^ volunteers 
or conscripts, and what number has been retained for State 
service — in other words, lioW many troops have we in North- 
Carolina at this time." 

Mr. Warren, from the committee tosuperintend the electi(m 
for Solicitor for the first Judicial Circuit, reported that Jesse 
J. Yates, received all the votes cast, and is elected. 

The Speaker announced as the committee on the verbal 
message of the Governor, Messrs. Brown, Lane and Jarratt, 

On motion of Mr. Sharpe, the resolutions entitled, " Reso- 
lutions approving the course of his Excellency, Governor 
Vance," were taken from the table, and referred to the fore- 
going committee. 

A message was received from the House, that they trans- 
mit to the Senate the resolutions, entitled, " Resolutions to 
prohibit the transportation of articles of prime necessity, be- 
yond the limits of the State," and propose to amend the same 
'by striking out the words " product of this State," by insert- 
ing- after the words " cloth of any kind," the words " cotton 
yarns," and by adding after the words " Confederate States " 



1862-'63.] SENATE SOURNAL. 35 

the words " and any other State of the Confederate St/tes," 
to which the Senate agreed. 

A message was received from the House, that they trans- 
mit, duly enrolled and signed by the Speaker of the House 
of Commons the resolution entitled, "Eesolution to prohibit 
the transportation of articles of prime necessity beyond the 
limits of the State," and the same was signed by the Speaker 
of the Senate. 

On motion of Mr. Adams, of Guilford, the Senate adjourned 
until Monday morning, 10 o'clock. 



MONDAY, JSTovEMEER 24:, 1832. 

Prayer by Rev. Mr. Atkinson. * 

Mr. Wooley introduced a bill entitled " A Bill for the 
relief of debtors in certain cases," which was read first time 
and referred, on motion of Mr. Dickerson, to the Committee 
on Propositions and Grievances. 

The vote by which the same was referred was reconsidered, 
and the bill on motion of Mr. Ramsay, was referred to the 
Comijiittee on the Judiciary. 

Mr. Neal asked leave of absence for Mr. Sharpe until 
Saturday next. Granted. 

Mr. Graham introduced a resolution entitled " A Resolu- 
tion in favor of Solomon Pool," which was read first time 
and on his motion the same, with a letter, was referred to the 
Committee on Claims. 

Mr. Murrill introduced a bill entitled " A Bill to amend an 
act entitled, 'An Act for the better administration of justice 
in Onslow County, and for other purposes,' " which was read 
first time and, on his motion, referred to the Committee on 
the Judiciary. 

Mr. Matthews introduced a resolution entitled " A Resolu- 
tion authorizing the Governor to send a committee to exam- 
ine into the condition of the sick and wounded soldiers from 
North Carolina now in the hospitals of Virginia," which was 



36 SENATE JOURNAL. [Session 

read first time and referred to the Committee on Military 
Affairs. 

Mr. Adams, of Gnilford, introduced a bill entitled "A Bill 
to amend an act entitled 'An Act to incorporate the Lizzer- 
dale Copper Company,' " passed Feb. 1859*, which was read 
first time and, on his motion, referred to the Conamittee on 
Corporations, 

The resolutions entitled "Resolutions in regard to the 
present condition of North Carolina Troops," were taken np^ 
read a second time, and, on motion of Mr. Grahaia, referred 
to the Joint Committee on Military Affairs." 

A message was received from the House that they transmit 
a message of His Excellency the Governor, and accompany- 
ing documents, to wit: the annual reports of the President 
and Directors, Principal, Treasurer and Auditor of the North 
Carolina Institution for the Deaf and Dumb and Blind, and' 
propose to print the same, which was agreed to. Also^ 
another message that they propose to the Senate to raise a 
joint committee of five on the part of the House and three on 
the part of the Senate, to consider that portion of the Gover- 
nor's Message, which relates to the act of the last session of 
the General Assembly, being "An act to change the Juris- 
diction of the Courts and the Rules of Pleading therein," was 
received and agreed to. And the Speaker announced as the 
committee on the part of the Senate, Messrs. Graham, Wright 
and Wooley. 

Messrs. Ramsay, Ellis and Wright were announced by the 
Speaker as the Senate's branch of the Committee on Enrolled 
Bills, for the present week. 

Mr. Taylor, of Chatham, moved that a message be sent to 
the House of Commons that the Senate proposes to go into- 
an election for Superintendent of Common Schools at 12§ 
o'clock to-day, and Calvin H. Wiley is in nomination there- 
for. Carried. 

Mr. Ramsay introduced a resolution authorizing the 
Principal Door-keeper of the Senate to furnish a clock for the 
use of the Senate, either by purchase or otherwise. 



1862-'63.] SEITATE JOUENAL. sf 

The resolntiou was read first time, and the rules having 
been suspended, it was read a second and third time and 
passed, 

A message was received from the House of Commons, 
that they had passed, on the 18th inst, through tlieir several* 
readings, a resolution in favor of J. W. Alspaugh, and a 
resolution m favor of Philip G. Smith. 

On motion of Mr. Simpson the message was laid on the table. 

A message was now received from the House that they 
agree to the Senate's proposition to go into an election for 
Superintendent of Common Schools, at 1^^ o'clock. Also, 
another message that they had appointed Messrs Walser and 
Vann on the committee on the part of the House, to super- 
intend said election. 

The Speaker announced Messrs. Taylor, of Chatham, and 
"Wooley as the committee on the part of the Senate. 

Mr. Warren, from the Committee on the Judiciary repor- 
ted upon tlie bill entitled " A Bill to repeal the 75th section 
of the 34:th chapter of the Revised Code," with a recommen- 
dation that it do not pass. 

At 12|^ o'clock the Senate proceeded to vote for Superin- 
tendent of Common Schools. 

The vote was as follows : 

FoK Mr. C. H. Wiley — Mr. Speaker, Messrs. Adams, of 
Guilford, Arendell, Bagley, Carroway, Copeland, Dickson, 
Ellis, Eure, Eaisou, Graham, Harris, Holeman, Lane, Lassiter, 
Leitch, Matthews, Murrill, ISTeal, Patrick, Powell, Eamsay, 
Russ, Simpson, Slaughter, Smith, of Anson, Smith, of Stanly, 
Taylor, ot Chatham, White, Wiggins, Wooley, Wright and 
Young— 33. 

' A message was received from the House of Commons that 
they transmit for ratification a resolution entitled " A 
Resolution to purchase the Ordinances and Resolutions of 
the late Convention," and the same was signed by the Speaker 
of the Senate. 

The Senate adjourned, on motion of Mr. Eure, until to- 
morrow morning 11 o'clock. 



88 SENATE JOURNAL. [Session 

TUESDAY, NovEMBEK 25, 1862. 

Prayer by Rev. Dr. Lacy. 

Mr. Taylor, of Chatham, on the part of the Joint Committee' 
to superintend the election of Superintendent of Common 
Schools, reported that Rev. C. H. Wiley received the whol® 
number of votes cast, being 119, and is elected. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported that the Committee had considered 
sundry memorials from citizens of Columbus county, praying 
to be protected against high prices brought about by specu- 
lation on articles of prime necessity, and recommended that 
suitable laws be passed to prevent speculation, &c., in accor- 
dance with the prayer of the memorialists, and asked to 
be discharged from the further consideration of the subject. 
Report concurred in, and the committee discharged as to 
the memorials reported on. 

Mr. Eure, from the Joint Committee on Military Affairs, 
reported upon the resolution entitled " A Resolution author- 
izing the Governor to send a committee to examine into the 
condition of the sick and wounded soldiers from l^orth Caro- 
lina now in the hospitals of Yirgiuia," with a recommendation 
that it do not pass ; he also reported back from the same com- 
mittee a resolution of enquiry in behalf of disabled soldiers 
and the widows and orphans of deceased soldiers, and asked 
to be discharged from its further consideration. The com- 
mittee was discharged accordingly. 

Mr. Young, from the Joint Committee on Military Affairs, 
reported upon the resolutions entitled " Resolutions in regard 
to the present condition of Kortli Carolina Troops," recom- 
mending that they do not pass. 

Mr. Graham Introduced a bill entitled " A Bill to allow 
further time for the registration of grants, conveyances, and 
other instruments," which was read first time, and on motion 
of Mr. Ramsay, referred to the Committee on Judiciary. 

Mr. Young, from the Joint Committee on Military Affairs, 
returned a bill entitled " A Bill to prevent speculation in 



l862-'63.] SENATE JOURJSAL. 3> 

corn, flour, bacon, &c.," and moved to refer it totlie cornmit- 
tee on Finance, and the same was so referred. 

Mr. Warren introduced a bill entitled " A bill to transfer 
thejurisdiction of the courts of coun|;ies occupied or controlled 
iby a public «nemj," which was read first time, and on Mi 
onotion, ordered to be printed. 

Mr. Simpson introduced a resolution instructing the Joint 
'Committee on Military Affairs to inquire into the expediency 
and propriety of raising a police force for the protection of 
the people of Rockingham county, against the revolt of slaves, 
<fec., which was read and adopted. 

A message was received from the House of Commons that 
they transmit an engrossed bill entitled "An Act for the pur- 
' chase of Provisions," which was read first time. 

Mr. Ramsay introduced certain resolutions entitled " Reso- 
Ivitions concerning the defence of the State, and the clothing 
of our troops," which were read first time, and on motion of 
Mr. Eure, referred to the Joint Committee on Military 
Afi"airs. 

A biM entitled " A Bill to repeal the 76th section of the 
Sith chapter of the Revised Code," was tal<en up and read a 
second time, together with the report of the committee 
' thereon, when Mr. Taylor, of Chatham, proposed an amend- 
ment in these words : " Strike out all after the word ' what'- 
aoever ' in the I5th line, including the word 'aforesaid' in 
the 23rd li-ne. 

On motion of Mr. Murrill, the «ame was laid on the table. 

Mr. Ramsay moved to send a message to the House of 
Commons that the Senate proposes to go into an election for 
Secretary of State, at 1 o'clock. Carried. And Mr. Lane 
nominated therefor Rufus H. Pago. 

Mr. Warren asked leave of absence, which was granted, 
for Mr, Wiggins, during three da,ys from and after to-day. 

On motion of Mr. Brown, the Senate now went into secret 
session. 

The Senate having resumed the consideration of business in 
^ open session, a message from the House of Commons was 



S' SENATE JOURNAL. [Session 

read that they agree to the proposition of the Senate to go 
into an election for Secretary of State, at 1 o'clock, and that 
they appoint Messrs. Manning and Richardson as the Com* 
.xnittee on the part of the House to superintend said election. 

The Speaker announced Messrs. Holeman and Copeland 
as the committee on the part of the Senate. 

A message was received from the House of Commons, that 
they propose that two members on the part of the House and 
two members on the part of the Senate, be appointed to visit 
Richmond and bring to the attention of his Excellency, Jef- 
ferson Davis, President of the Confederate States, the press- 
ing necessity for troops to defend the coast of North- Carolina, 
and to ask ot hira that a sufficient number of troops be trans- 
ferred to this State for that purpose. 

Mr. Ramsay moved that the Senate do not concur. 

The hour of 1 o^clock having arrived, the Senate proceeded 
to an election for Secretary of State. 

The vote was as follows : 

EoR John P. H. Russ : — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Arendell, Bagley, Brown^ 
Eure, Graham, Jarratt, Lassiter, Lindsay, Leitch, Matthews^ 
Neal, Patrick, Ramsay, Sanders^ Simpson, Slaughter, Smith,, 
of .Anson, Smith, of Macon, Smith, of Stanly, Taylor, of 
Chatham, Warren, "Woolej and Wright. — 26. 

For Rufus H. Page : — Messrs. Carroway, Copeland, Ellisf^ 
Faison, Harris, Holeman, Lane, Murrill, Powell, Taylor, of 
Nash, White and Young. — 12. 

The question recurring on the motion of Mr. Ramsay, ifc 
was not agreed to. 

The Senate agreed to the message. 

A message was received from the House, that they propose- 
to proceed immediately to an election for Judge of the Su- 
perior C(»nrts of Law and Equity of the dth Judicial Circuity 
that the Honorable John Kerr is in no?nination therefor. 

Mr. Arendell moved that the Senate do not concur, and Mr. 
Graham moved to lay on the table, which, latter motion, pre- 
Tailed, 



1862-'63.] SiENAtE JOURNAL. 41 

Mr. Holeraan from the committee to superintend the eleft- 
tjon for Secretary of State, reported, that John P. H, Euss 
received a majority of the whole number of votes cast and is 
elected. 

On motion of Mr. Ramsay, the Senate adjourned until 
to-morrow morning 11 o'clock. 



WEDNESDAY, Novei^ibee 26, 1862. 

A message was received from the House of Commons, that 
they transmit an engrossed bill entitled, "A Bill to incorpor- 
ate the Macon Leather Company," and engrossed resolutions 
entitled, " Resolutions of thanks to the officers and soldiers of 
North-Carolina." 

The bill was read first time and referred, on motion of Mr. 
Graham, to the Committee on Corporations. The resolutions 
were read first time, when, the rules were suspended on mo- 
tion of Mr. Matthews, and the same were read a second and 
third time and passed. 

Mr. Smith, of Macon, from the Committee on Internal Im- 
provements, reported upon the following bills entitled, to-wit : 

A bill to amend the charter of the Atlantic, Tennessee and 
Ohio Railroad, with a recommendation that it do pass. 

A bill to amend the 9th and 12th sections of chapter 101, 
of the Revised Code, recommending an amendment thereto. 

A bill to amend the charter of the Western Plank Road, 
with a recommendation that it do not pass. 

Mr. Warren from the Committee on the Judiciary, report- 
ed upon the bill entitled, "A Bill to amend an act entitled, 
' An Act for the better administration of Justice in Onslow 
County, and for other purposes,' " and recommending that it 
do pass. Also upon the bill entitled, " A Bill for the relief 
of debtors in certain cases," and recommending that it do not 
pass. 

Mr. Warren from the same committee, also returned a bill 
entitled, " A Bill to repeal an act of the last General Assem- 



42 SENATE JOURNAL. [Session 

bly of North-Carolina, entitled, ' An Act to change the Ju- 
risdiction of the Courts and tlie rules of pleading therein,'" 
and a bill entitled, " A Bill to be entitled, ' An Act to modify 
and change au act entitled, ' An Act to change the jurisdic- 
tion of the Courts and the rules of pleading therein,' " and 
moved that thej be referred to the Joint Select Committee 
on so much of the Governor's message as relates to the sub- 
jects embraced in the bills. The bills were so referred and 
the Committee on the Judiciary were discharged from their 
further consideration. 

Mr. Arendell, from the Committee on Corporations, report- 
ed upon the bill entitled, " A Bill to amend an act entitled, 
' An Act to incorporate the Lizzerdale Copper Mining Com- 
pany,'" and recommended that it do pass. 

Mr. Smith, of Macon, introduced a bill entitled, "A Bill 
amendatory of an act to incorporate the Bank of "Western 
North-Carolina," which was read first time and referred, on 
his motion, to the Committee 0:1 Banks and Currency. 

Mr. Wrio-ht moved that a messao-e be sent to the House of 
Commons, that the Senate proposes to go into an election for 
Solicitor of 5th Judicial Circuit, at 12-|- o'clock, and he 
nominated therefor, Ralph P. Buxton. Carried, and Mr. 
Smith, of Stanly, nominated Giles Leitch, Mr. "Wooley nom- 
inated John "W. Cameron, and Mr. Faison nominated Robert 
Strange, for the same. 

The resolutions entitled, "Resolutions in regard to the 
present condition of North-Carolina troops," were taken up 
f,nd read a third time, when, Mr. Graham moved to lay the 
same on the table, and the motion was agreed to. 

A message from the House was received, that they agree 
to the Senate's proposition to go into an election foi' Solici- 
tor of the 5tli Judicial Circuit at 12-|- o'clock, and appointed 
Messrs. Harris, of Chatham, and Kelley, the committee to su- 
perintend the election. 

The Speaker announced Messrs. "Wright and Smith, of 
Stanly, as the Senate's branch of said committeo. 

Also another message was received from the House that 



1862-'63.] 



SENATE JOURNAL. 



they transmit a message from his Excellency, the Governor, 
together with sundry documents, and propose that a joint se- 
lect committee of five on the part of the House and three on 
the part of the Senate, be raised, to whom should be referred 
the message and documents aforesaid, which was agreed to. 

Mr. Lassiter moved that the reports of the commissioners 
on salt be printed, and the motion was agreed to. 

Mr. Young introduced a resolution entitled " A Resolution in 
favor of John Wilkes," which was read first time, and on his 
motion, the rules were suspended, when it was read a second 
time. After some discussion, the resolution, on motion of 
Mr. Leitch, was laid on the table. 

The Senate now proceeded, at 12^ o'clock, to vote for So- 
licitor of the fifth Judicial Circuit. 

The vote was as follows : 

For Mr. Ralph P. Buxton. — Mr. Speaker, Messrs. Lindsay, 
Neal, Ramsay, Shipp and Wright — 6. 

For Mr. Giles Lkitch. — Messrs. Adams of Davidson, 
Adams of Guilford, Bagley, Carroway, Lassiter, Russ, San- 
ders, Slaughter, Smith of Macon, Smith of Stanly, Tajdor of 
Chatham, and Warren — 12. 

For Mr. Jno. W. CAMEEO]sr.-;-Messrs. Arendell, Eure, Gra- 
ham, Jarratt, Matthews, Patrick, Smith of Anson, and Woo- 
ley— 8. 

For Mr. Robert Strange. — Messrs. Brown, Copeland, Diclc- 
son, Ellis, Faison, Hall, Harris, Holeman, Lane, Munill, 
Powell, Simpson, Taylor of Nash, Whitford, White, and 
Young — 16. 

Mr. Leitch voted for N. A. McLean. 

Mr. Matthews moved to send a message to the House of 
Commons, that the Senate proposes to go into an election for 
one Engrossing Clerk, at 1 o'clock, when 

Mr. Graham moved to amend by proposing an election for 
two Engrossing Clerks, which was agreed to and the message 
was sent to the House, Mr. Russ having nominated T. H. Hill, 
Mr. Faisou having added the name of Edward Yail, and Mr. 



U SENATE JOURNAL. [Session 

Mr. Matthews having added Matthew J, Moore, to the 
nomination. 

Resolutions entitled, "resolutions authorizing the Governor 
to send a committee to examine into the condition of the sick 
and wounded soldiers from North-Carolina now in the hospi- 
tals of Virginia," were taken up and read a second time and 
rejected. 

Mr. Wright from the joint committee to superintend the 
election of Solicitor for the fifth Judicial Circuit, reported 
that no one having received a majoritj'- of the whole number 
of votes cast, there is no election. 

An engrossed bill entitled " An Act for the purchase of 
provisions," was taken up and read a second time, 

Mr. Graham moved to refer it to the Joint Committee on 
Military Affairs, and Mr. Murrill moved to refer the same to 
a Select Committee consisting of Messrs. Ellis, Lane, Youngs 
Carroway and Wooley, which latter motion prevailed. 

Mr. Wright moved that a message be sent to the House, 
that the Senate proposes to proceed immediately to the elec- 
tion for Solicitor of the fifth Judicial Circuit. Carried. 

A message from the House was received that the Ho.use 
refuses to concur in the proposition of the Senate to go into- 
an election of two Engrossing Clerks at 1 o'clock, &c. 

Mr. Graham introduced a resolution instructing the Joint 
Committee on Military affairs to inquire in relation to a 
supply of ammunition for the people of the State, which was 
read and adopted. 

A message from the House was received that they concur 
with the Senate in the proposition to proceed immediately to 
an election for Solicitor of the fifth Judicial Circuit, and 
appoint Messrs. Love and Sherwood the committee on their 
part to superintend said election 

The Speaker announced as the committee on the part of the 
Senate, Messrs. Harris and Sanders. And the Senate pro- 
ceeded to the election. 

The vote was as follows : 

For RaxpH: I*".. Buxton.: — Mr. Speaker, Messrs. Adams, of 



1862^'63.] SENATE JOURNAL. 45 

Davidson, Adams, of Guilford, Lindsay, Neal, Eamsay, Shipp, 
Slaughter, Smith, of Macon, Taylor, of Chatham, and 
Wright.— IL 

For John "W. Camekon. — Messrs. Arendell, Graham, Jar- 
ratt, Matthews, Patrick and Smith, of Anson. — 6. 

For Giles Leitch. — Messrs. Bagley, Carroway, Eure, Laa- 
siter, Russ, Sanders, Smith, of Stanly, and Warren. — 8. 

For Robert Strange. — Messrs, Brown, Copeland, Dickson, 
Ellis, Faison, Hall, Harris, Holeman, Lane, Murrill, Powell, 
Simpson,Taylor, of Nash,Whitford,White,Wooley, Toung.-IT. 

Mr, Leitch voted for Ror;y McNair. 

Mr. Graham moved that a message be sent to the House 
that the Senate proposes to go into an election for Judge of 
the Superior Courts of Law and Equity for the fourth Judi- 
cial Circuit at 1^ o'clock, and nominated therefor Hon, R. JB. 
Gilham. Agreed to, and Mr. Adams, of Guilford, nominated 
Robert P. Dick, Esq., and Mr. Hall nominated Hon. Jno. Kerr. 

A message was received from the House that they concur 
in the Senate's proposition as to the election of a Judge 
of the Superior Court of Law and Equity for the fourth Judi- 
cial Circuit, and appoint Messrs, Cowles and Foy committee 
on the part of the House to superintend the election. And 
the Speaker announced as said committee on the part of the 
Senate, Messrs. Hall and Adams, of Guilford. 

Mr. Sanders, from the committee to superintend the elec- 
tion for Solicitor of the fifth Judicial Circuit, reported that 
no one having received a majority of the whole number of 
votes cast, there is no election. 

Mr, Matthews moved that a message be sent to the House 
of Commons that the Senate proposes to go into an election 
for Solicitor of the fifth Judicial Circuit, at 1 hour 45 min- 
utes, P, M.; which was agreed to. 

The Senate proceeded to the election for Judge of the Su- 
perior Court of Law and Equity of the fourth Judicial Cir- 
cuit. 

The vote was as follows : 

For Honorable R. B. Gilliam, — Mn Speaker, Messrs. Disk- 



46 SE:N'A.TE J0URN"AL. [Session 

son, Enre, Faison, Graham, Harris, Holeman, Lane, Lassiter, 
Murrill, Patrick, Powell, Rnss, Sliipp, Warren, Whitford, 
Wright and Young-^18. 

For. Mr. Pobeet P. Dick. — Messrs. Adams of Davidson, 
Adams of Guilford, Arendell, Bagley, Carrowaj, Jarratt, 
Lindsaj^ Leitch, Matthews, Neal, Ramsay, Sanders, Slaugh- 
ter, Smith of Anson, Smith of Macon, Smith of Stanly, Tay- 
lor of Chatham and Wooley — 18. 

For Hon. John Kekr. — Messrs. Brown, Copeland, Ellis, 
Hall, Simpson, Taylor of Nash, and White — 7. 

A message was received from the House, that they concur 
in the Senate's proposition to go into an election for Solicitor 
of the fifth Judicial Circuit at 1 hour 45 minutes P. M., and 
appoint Messrs. IMcCormick and Stancill a committee on 
their part to superintend the -election. 

The Speaker announced" Messrs. Lassiter and Rnss as the 
committee on the part of the Senate. 

Mr. Young moved that a message be sent to the House, 
tliat the Senate proposes that the Speakers of each House 
appoint two members of their respective Houses as the joint 
committee under the joint resolution authorizing a committee 
to visit Richmond, and confer with his Excellency, the Presi- 
dent of the Confederate States, as to the necessity for addi- 
tional troops in Korth-Carolina, for her defence, &c. Carried. 

Mr. Smith 'of Stanly withdrew the name of Giles Leitch, 
Esq., and Mr. Wooky withdrew the name of Juo. W. Came- 
ron, Esq. 

The Senate voted as follows for Solicitor of the fifth Judi- 
cial Circuit : 

Foe Robert Strange — Messrs. Brown, Carroway , Cope- 
land, Dickson, Ellis, Faison, Hall, Harris, Holeman, 
Lane, Murrill, Powell, Simpson, Taylor, of Nash, Whitford, 
White, Wooley and Young — 18. 

FoK Ralph P. Buxton. — Mr. Speaker, Messrs. Adams, 
of Davidson, Adams, of Guilford, Bagley, Eure, Graham, 
Lassiter, Matthews. ISTeal, Ramsay, Russ, Sanders, Shipp, 



1862-'63.] 



SENATE J01TE:NAL 



47 



Slaughter, Smith, of Anson, Smith of Macon, Smith, of Stan- 
ley, Taylor, of Chatham, Warren and Wright— 20. 

Mr. Arendell having voted for Mr. Buxton, changed his 
vote to Mr. Cameron, for whom voted, also, Messrs. Pat- 
rick and Jarratt. 

Mr. Adams, of Guilford, from the Committee to superintend 
the election for Judge of the Superior Court of Law and 
Equity of the ith Judicial Circuit, reported that Hon. R. B. 
Gilliam having received a majority of the whole number of 
votes cast, is elected. 

Mr. Lassiter, from the Committee to superintend the elec- 
tion for Solicitor of the 5th Judicial Circuit, reported that no 
one having received a majority of the whole number of votes 
cast, there is no election. 

Mr. Matthews moved to adjourn until to-morrow morning 
11 o'clock, which was not agreed to. 

Mr. Russ moved to send a message to the House of Com- 
mons that the Senate proposes to go immediately into an 
election again for Solicitor of the 5th Judicial Circuit. 

Mr. Hall moved to lay on the table, which motion was not 
agreed to. 

Mr. Arendell moved to adjourn until to-morrow morning 
11 o'clock. I^^ot agreed to, and the question recurring on the 
motion of Mr. Russ, it was agreed to. 

Mr. Smith, of Anson, stated that Jno. W. Cameron, Esq., 
did not authorize the withdrawal of his name, he was still in 
nomination. 

A message was received from the House that they concur 
in the proposition of the Senate, that the Speakers of each 
House should appoint their respective branches of a Joint 
Committee under the Joint Resolution to authorize each 
Committee to visit Richmond, &c. Also, another message 
was received, that the House proposes to go forthwith into an 
election for Solicitor of the 5th Judicial Circuit, and appoint 
Messrs. Welborn and Logan to superintend the election. 

The Senate agreed, and the Speaker announced Messrs. 



48 SENATE JOURliTAL. [S"es3ron^ 

Matthews and Russ, the Senate's branch of the Committee to 
superintend said election. 

I'he Senate proceeded to the election, and the vote was as 
follows :■ 

For Ralph P. Buxton. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Bagley, Enre, Lassiter, Lind- 
say, Matthews, Neal, Ramsay, Russ, Shipp, Slaughter, Smith, 
of Macon, Taylor, of Chatham, Warren and Wright. — 17. * 

For John W. Cameron. — Messrs. Arendell, Graham, Jar- 
ratt, Lindsay, Patrick, Smith, of Anson, Smith, of Stanly, and 
Young. — 8. 

For Robert STRANGE.^^^Messrs. Brown, Carroway, Cope- 
land, Dickson, Ellis, Faison, Hall, Harris, Holeman, Lane, 
Murrill, Powell, Simpson, Taylor, of Kash, Whitford, White 
and Wooley. — 17. 

On motion of Mr. Graham, the Senate adjourned until 
to-morrow morning 11 o'clock. 



THURSDAY. I^ovEMBER 27, 1862. 

Prayer by Rev. Mr. Atkinson. 

The Speaker announced Messrs Arendell and Hall as the 
Senate branch of the joint committee to confer with His 
Excellency the President of the Confederate States, upon the 
defences of the State, <fcc. 

M. O. Dickerson, Senator elect from the 48th District, 
presented a certificate of his election, and qualified according 
to law. 

A message was received from the House that they propose 
to the Senate that a joint select committee of three on their 
part and two on the part of the Senate, be raised, to whom 
should be referred so much ot the Governor's Message as 
relates to the imprisonment of private citizens by Confederate 
authorities, which was agreed to. 

The Speaker announced Messrs. Wright and Eure, as the 
Senate branch of said Committee. 



1862-^63.] SENATE JOURNAL. 49 

Also, a message from the House was l-eceived tliat they 
transmit to, and ask the concurrence of the Senate in, certain 
"engrossed resolutions, entitled " Resolutions declaring tho 
separation between the Confederate and United States, final, 
and to sustain the President of the Confederate States and the 
"Governor of North Carolina, &c.." which were read first time 
and, on motion of Mr. Hall, the rules were suspended and 
the same were read a secohd time. 

Mr. Matthews moved to strike out of the third resolution^ 
line 1st, the words " power and," which was agreed to, and 
the resolutions, as amended, passed, and were read a third 
time and passed. 

Mr Eure, from the Joint Committee on Military Afi^airs, 
reported that the committee had considered the resolutions 
entitled " Resolutions concerning the defence of the State 
and the clothing of our troops," and as the object contera- 
.plated in the same would be accomplished by the joint select 
committee to confer with the President of the Confederate 
States, asked to be discharged from their further considera- 
tion. 

The committee were discharged accordingly. 

A message from the House was received, that they would 
go immediately into an election for Solicitor of the second 
Judicial Circuit, and Chas. C. Clark, George Green and W". J» 
Houston were in nomination therefor ; which was agreed to. 

Mr. Arendell nominated Thomas Sparrow, Esq. 

The Speaker announced Messrs. Leitch and Lassiter as the 
committee on the part of the Senate to superintend the elec- 
tion. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported upon the bill entitled " A bill to pro- 
hibit, for a hmited time, the manufacture of spirituous liquors 
from grain, amendatory of an ordinance of the Convention, 
ratified the 21st of February, 1862," and recommended an 
amendment also upon the resolution entitled " A resolution for 
preventing the distillation of grain," and recommended that 
it do not pass. 

4 



50 SEITATE JOUENAL. [Sessios 

Mr. "Warren, from the Committee on the Judiciary, re- 
ported upon the bill entitled " A bill to allow further time for 
the registration of grants, conveyances, and other instru- 
ments," and recommended that it do pass. 

The rules were suspended on motion of Mr. Hall, and the 
foregoing resolution passed its several readings. 

Mr. Warren, from the same committee, reported upon, re- 
commending that they do not pass, the bills entitled "A bill 
in regard to the hire of slaves," and " A bill for the manage- 
ment of insolvent estates." Also, Mr. Warren, from the same' 
committee, reported back the bill entitled " A bill to secure 
the property of married Women," and asked to be discharged 
irom. its further consideration. 
The committee were so discharged. 

Received a message from the House of Commons, that the 
Hou'^® appoints Messrs. Foy and Kobbins committee on their 
•■part to superintend the election of Solicitor of the second 
Judicial Circuit. 

Also, another message, that the House proposes to the 
Senate to go iuto an election at 1 o'clock P. M., for Confed- 
•erate States' Senator, and that Hon. Wm. A. Graham and 
Hon.Georo-e Davis are in nomination ; which was agreed to. 
The Speaker announced Messrs. Harris and Simpson as the 
committee on the part of the Senate to superintend the elec- 
tion. 
The Senate proceeded to vote for Solicitor of the second 

Judicial Circuit. 

The vote was as follows : 

For W. J. Houston.— Messrs. Carroway, Copeland, 
Dickson, Ellis, Faison, Hall, Harris, Holeman, Lane, Lassiter, 
Murrill, Simson, Smith, of Anson, Taylor, of Chatham, Taylor, 
of Nash, White, Wooley, Wright and Young— 19. 

Fob Chas. C. Claek.— Mr. Speaker, Messrs. Adams, 
of Davidson, Adams, of Guilford, Bagley, Dickson, Eure, 
Graham, Jarratt, Leitch, Matthews, Neal, Patrick, Ramsay, 
RusB, Sanders, Sharpe, Shijxp, Slaughter, Smith, of Macon, 
Smith, of Stanly, and Warren— 21. 



1862-'63.] SENATE JOURNAL. ^^61 

For Thomas Spabbow. — Messrs. Arendell, Lindsay and 
Powell— 3. 

FoK Geoege Green. — Mr. "Whitford — 1. 

Mr. Matthews, from the Committee to superintend the 
election for Solicitor of the 5th Judicial Circuit, reported that 
Ealph P. Baxton, Esq., received a majority of the whole 
number of votes cast, and is elected. 

Mr. White introduced a bill entitled " A Bill to construct 
a Railroad from Dallas, in Gaston county, via Lincolnton to 
Newton, in Catawba county," which was read first time, and 
referred, on motion of Mr. Simpson, to the Committee on 
Internal Improvement. 

Mr. Lassiter, from the Committee to superintend the elec- 
tion for Solicitor of the 2nd Judicial Circuit, reported that 
Chas. C. Clark, Esq., received a majority of the whole num- 
ber of votes cast, and is elected. 

Mr. Powell introduced a resolution entitled " Resolution in 
favor of S. S. Hicks," which was read first time and referred, 
on motion of Mr. Lane, to the Committee on Claims. 

Mr. Smith, of Macon, introduced a bill entitled "A Bill to 
provide for the better management of the "Western Turnpike 
Road," which was read first time and referred, on his motion, 
to the Committee on Cherokee Lands and Western Turnpikes, 

Mr. Ramsay introduced a resolution that a message be sent 
to the House of Commons that the Senate proposes to raise a 
Joint Select Committee to consist of three on their part and 
five on the part of the House to inquire whether the office of 
Attorney General and the office of Adjutant General have 
not been vacated by their incumbent's acceptance of office in 
the Confederate army. Adopted. 

Received from the House a message that Messrs Shober 
and Russell, of Craven, are the Committee on the part of the 
House to superintend the election for Senator of the Confed- 
erate States. 

On motion of Mr. Lassiter, the vote by which the reports 
of the Commissioner of Salt Works, were ordered to be 



62 SENATE JOURNAL. [Session 

printed, was reconsidered, and on his motion, was laid on 
the table. 

The bills entitled " A bill to am.end an act entitled ' an act 
to incorporate the Lizzardale Copper Company, passed Feb- 
ruary '59,' " and " A Bill to amend the charter of the Atlantic, 
Tennessee & Ohio Railroad," were read a second time and 
passed. 

The bill entitled " A Bill to amend the charter of the 
Western Plank Road," was read a second time, and on motion 
of Mr. Young, recommitted to the Committee on Internal 
Improvements. 

A message from the House was received that they concur 
in the proposition of the Senate to raise a Joint Select Com- 
mittee of five on the part of the House and three on the part 
Senate to inquire whether the offices of Attorney General 
and Adjutant General are not vacant, and propose to amend 
by including in the inquiry the office of Solicitor of the 4th 
Judicial Circuit. 

The bill entitled "A Bill to amend the 9th and 12th sec- 
tions of chapter 101 of the Revised Code," was read a second 
time, and the amendment recommended by the Committee on 
Internal Improvements adopted, to-wit : strike out all in sec. 
2nd after the words "sole judge," including the word "and" 
to the word " roads." The bill then passed as amended. 

The Senate proceeded to vote for Confederate States' Sen- 
ator. The vote was as follows : 

For Hon. Wm. A. Graham. — Mr. Speaker, Messrs. Adams, 
of Davidson, Adams, of Guilford, Arendell, Bagley, Brown, 
Carroway, Dickerson, Eure, Jarratt, Lassiter, Lindsay, Leitch, 
Matthews, Neal, Patrick, Ramsay, Russ, Sanders, Simpson, 
Sharpe, Shipp, Slauohter, Smith, of Anson, Smith, of Macon, 
Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War- 
ren, Wooley and Wright. — 31. 

For Hon. Geokge Davis. — Messrs. Copeland, Dickson, Ellis, 
Faison, Hall, Harris, Holeman, Lane, Murrill, Powell, Whit- 
ford, White and Young. — 13. 

Mr. Simpson, from the committee to superintend the 



1862-'63.] SENATE JOURNAL. 53 

election of Confederate States' Senator reported that Hon. 
"Wm. A. Graham received a majority of the whole number of 
votes cast,- and is elected. 

A message was received from the House of Commons that 
they transmit an engrossed bill entitled "A Bill in reference 
to the salaries of the Judges of the Superior Courts of Law 
and Equity," which was read first time and, on motion of 
Mr. Graham, referred to the Committee on the Judiciary. 

Also, another message was received from the House that 
they transmit certain enrolled resolutions for ratification, to 
wit : 

" Resolution in favor of W. R. Lovell ;" " Resolution in 
favor of Philip G. Smith," and " Resolution to pay J. "W. 
Alspaugh for his services as Clerk at the opening of the 
session," which were severally signed by the Speaker of the 
Senate. 

The bill entitled " A Bill to amend an act entitled 'An, act 
for the better administration of justice in Onslow county, and 
for other purposes,' was read second time and passed. 

The bill entitled "A Bill for the relief of debtors in certain 
cases," was read a second time, and, on motion of Mr. War- 
ren, laid on the table. 

Mr, Graham asked leave of absence for Mr Young from 
and after to-day, until Tuesday next, and Mr. Eure asked 
leave of absence for Mr. Faison until Monday next, from and 
after to-day. Granted, and on motion of Mr. Sharpe, the 
Senate adjourned until to-morrow morning 11 o'clock. 



FRIDAY, November 28, 1862. 

Prayer by Rev. Mr. Hardie. 

The Speaker announced as the Senate Branch of the joint 
select committee to inquire whether the offices of Attorney 
General, Adjutant General and Solicitor of the fourth Judi- 
cial Circuit were vacant, Messrs. Graham, Brown and Ramsay. 

Mr. Warren, from the Committee on the Judiciary, repor- 



54 SENATE JOURNAL. [SessioQ 

ted upon the bill entitled " A Bill to amend the 13th section 
105th chapter of the Revised Code," and recommended 
amendments thereto. 

Mr. Wright, from the same committee, reported upon the 
engrossed bill entitled " A Bill in reference to the salaries of 
the Judges of the Superior Courts of Law and Equity," and 
recommended that it do pass, 

Mr. Ellis, from the Select Committee, to whom had been 
referred a bill entitled "A Bill to provide for clothing North 
Carolina troops," and an engrossed bill entitled " An Act for 
tlie purchase of provisions," reported upon the former with 
a recommendation that it do not pass, and the latter, with an 
amendment to strike out all after the words " An Act," and 
insert, as an amendment, a substitute offered by the commit- 
tee. On motion of Mr. Brown the substitute was ordered to 
be printed, and the bill was postponed until Monday and 
made the order of the day for 12 o'clock. Mr. Ramsay moved 
to take from the table the reports of the commissioners on 
salt works &c., and refer* the same to the Committee on 
Propositions and Grievances,'' which was agreed to. 

Mr. Shipp moved to take up and refer to the Committee on 
the Judiciary the bill entitled " A bill to transfer the Jurisdic- 
tion of the Courts of counties occupied or controlled by a 
public enemy," and the bill was so referred. 

Mr. "White introduced a bill entitled " A Bill to amend the 
ordinance of the Convention entitled, ' An Ordinance to make 
some provision for the families of soldiers dying in service,' 
ratified the 22d February, 1862, and for other purposes," 
which was read first time, and, on his motion referred to the 
Joint Committee on Military Affairs. 

By Mr. Ramsay : " Resolved^ That so much of the Governor's 
message as relates to salt, be referred to the Committee on 
Propositions and Grievances." Adopted. 

A resolution entitled " A Resolution for preventing the 
distillation of grain," was read a second time, and on motion 
of Mr. Sharpe, laid on the table. 

The bills entitled " A Bill to amend an act entitled ' An Act 



U862-'63.] SEKx^TE JOURNAL. 55 

to incorporate the Lizzardale Copper Company,' " and " A 
Bill to amend the charter of the Atlantic, Tennessee and 
Ohio Railroad," were read third time and passed. 

A bill entitled "A Bill to amend the 9th and 12th sections 
of chapter 101 of the Revised Code,^' entitled " Roads, Fer- 
ries and Bridges," was read a third time. 

Mr. Murrill moved to strike out all after the enacting clause 
and insert as follows : That sections 7th to the 43rd, inclusive 
•of chapter 101 of the Revised < !ode, entitled " Roads, Ferries 
^nd Bridges," be and the same are hereby repealed. 

Be it further enacted^ That the several Courts of Pleas and 
'Quarter Sessions, shall, at the first court which shall be held 
after the first day of January next, appoint some suitable 
person to act as Road Commissioner, whose duty it shall be 
to let out the roads in said county in such portions as the 
court may direct, to the lowest bidder, that is to say, to the 
person who will keep said portions of the road in good repaii* 
for one year for the least sum of money ] he entering into 
bonds payabte to the State of North Carolina, with two or 
more good securities and tested by the Road Commissioner, 
in double the amount agreed upon, for the faithful perfor- 
mance of his duty. 

JBe it further enacted, That the several courts aforesaid shall 
have power, and are hereby authorized and required at their 
first meeting, after the first day of January next, to levy a 
tax upon all wagons, carts, carriages, buggies, sulkies and 
horses, (in proportion to their use and carriage) sufficient to 
pay for keeping the roads in good repair. 

Be it further enacted. That said tax shall be considered 
a part of the tax for ■county purposes, and be collected by 
the sheriffs as other county taxes are collected. 

Be it further enacted, That this act shall be in force from 
and after its ratification. 

Mr. Sharpe moved to re-commit the bill to the Commi- 
tee on Internal Improvements, which was not agreed to. 

The question being upon striking out, it was decided in the 
negative. 



36 SENATE JOURNAL. [Session 

Mr. Graham moved to insert the words "Ministers of the 
Gospel," after the word " except " in section 2nd line 7th, 
which was agreed to. 

Mr. Copeland moved to amend as follows : 

Be it further enacted^ That section 7th of chapter 101 of 
the Revised Code, be amended so that overseers of public 
roads shall receive such compensation for their services as the 
County Court may allow. Not agreed to. 

Mr, Murrill moved to amend by adding as follows : 

^^ Be it further enacted, That section 40th of chapterlOlof 
the Revised Code, be, and the same is hereby repealed." Not 
agreed to. 

Mr. Smith, of Macon, proposed an additional section as an 
amendment, as follows ' 

" £e it further enacted, That all laws or parts of laws which 
corne in conflict with this act, be and the same are hereby 
repealed." Which was not rgreed to. 

A message was received from the House that they propose 
to the Senate to go immediately into the election of one 
Engrossing Clerk, and that Messrs. M. J. Moore, Edward Yaily 
Jos. J. Anderson and Duncan G. McRae are in nomination 
therefor. 

Mr. Copeland moved to amend by striking out " one " and 
inserting " two" before the words "engrossing clerks." Agreed 
to, and Mr. Russ nominated T. H. Hill, and the House were in- 
formed of the same. 

The question recurring on the passage of the bill last taken 
np, Mr. Lane moved to amend by striking out in line 7 the 
number " 14 " and inserting " 17," and in line 9 the number 
" 16 " and inserting " 18," which was agreed to, and the bill 
as amended passed. 

A message from the House was received that they concur 
in the Senate's proposition to go into an election for two 
Engrossing Clerks, and appointed Messrs. Hampton and 
Russel, of Craven, Committee on their part to superintend 
the election. 

The Senate agreed, and the Speaker announced as the 



1862-'63.] 



SENATE JOUKlt^AL. 



67 



Committee to superintend tlie election, on the part of the 
Senate, Messrs. Copeland and Jarratt. 

The election was ])roceecled to with the following result: 

For Mr. EdwakdYail. — Messrs. Adams, of Guilford, Brown, 
Copeland, Dickson, Ellis, Eure, Harriss, Holeman, Lane, Mur- 
rill Powell, Smith, of Anson, Whitford, White and Wright 
—15. 

For Mr. Matthew J. Moore. —Mr. Speaker, Messrs. 
Adams, of Davidson, Adams, of Guilford, Bagley, Carroway, 
Dickson, Dickerson, Graham, Holeman, Jarratt, Lassiter, 
Lindsay, Leitch, Matthews, Murrill, Neal, Patrick, Powell, 
Kamsay, Pus?, Sanders, Simpson, Sharpe, Shipp, Slaughter, 
Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, War- 
ren, White and Wooley — 31. 

• For Mr. T. H. Hill — Mr. Speaker, Messrs. Adams, of Da- 
vidson, Bagley, Brown, Carroway, Copeland, Dickerson, 
Ellis, Eure, Graham, Harriss, Jarratt, Lane, Lassiter, Lind- 
say, Leitch, Matthews, Neal, Patrick, Ramsay, Puss, Sanders, 
Simpson, Sharpe, Shipp, Slaughter, Smith, of Anson, Smithy 
of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, 
Whi^ford, Wooley and Wright— 34. 

A message was received from the House, that they con- 
curred in the report of the Joint Committee on Finance, and 
that they send the same to the Senate for their action. 

The report was read and concurred in by the Senate. 

The Bill entitled, " A Bill to secure the property of mar- 
ried women," was taken up and passed over informally. 

The bill entitled, " A Bill for the management of Insolvent 
Estates, was read a second time, and postponed indefinitely, 
on motion of Mr. Warren. 

Mr. Ramsay moved that a message be sent to the House, 
that the Senate proposes to go into an election for Treasurer 
of the State, at 1^ o'clock, which was carried, and Mr. Sharpe, 
nominated Jonathan Worth, and Mr. Simpson nominated 
Daniel W. Courts, therefor. 

The bill entitled, " A Bill in regard to the hire of slaves," 
was read second time and rejected. 



58 SENATE JOURNAL. [Sesslom 

A message was received from the House, that they do not 
concur in the proposition of the Senate to go into an election 
at 1^ o'clock, for Treasurer of the State. 

The bill entitled, " A Bill to prohibit, for a limited time, 
the manufacture of spirituous liquors from grain, amendatory 
of an Ordinance of the Convention, ratified the 2l8t Febru- 
ary, 1862;" was read a second time. 

Mr. Shipp moved to amend by striking out all after the 
enacting clause and inserting as follows, to wit : " That from 
and after the 1st day of January, 1863, it shall not be lawful, 
for any person in this State, to distil any spirituous liquors, 
out of corn, wheat, oats, rye Chinese sugar cane, syrup, mo- 
lasses, rice, or potatoes, or any mixture of any or either of 
them, and all persons guilty of violating this act, shall for 
each and every act of distillation, be guilty of a misdemeanor, 
and on conviction thereof, shall be fined and imprisoned ; the 
fine not to be less than one hundred dollars, and the impri- 
sonment not to be less than thirty days : Promded, that any 
person who may have heretofore made a contract with the 
Confederate States' Government, may, upon application to 
the Governor, obtain a license to distil spirituous liquors, to 
fulfil such contract, from such grain or other materials pro- 
cured beyond the limits of this State : Axidiy jpr'ovided further^ 
That this act shall not be construed to repeal, amend or mo» 
dify an Ordinance passed by the Convention of this State, 
entitled, ' An Ordinance to prohibit for a limited time, the 
manufacture of spirituous liquors from grain,' but said Ordi- 
nance is to remain in full force and efi'ect, until the 1st day of 
January, 1863." 

Sec. 2. Be it further enacted, That this act shall be in 
force and take efi'ect from and after its ratification. 

Upon call for a division ot the question, the Senate decided 
to strike out. The question to insert pending, Mr. Lindsay 
moved to amend by inserting after the words " lawful for any 
persons in the State," the words, " except those within the 
enemy's lines," which was not agreed to. 



1862-'63.] 



SENATE JOURNAL. 



59 



Mr. Jarratt moved to amend by striking out the Wol^s 

" sugar cane, seed and syrup." Not agreed to. 

Mr Leitch moved to amend by striking out the words " one 
hundred dollars " and inserting " one thousand dollars " after 
the' words " the fine shall not be less than." Not agreed to. 

Mr. Ramsay moved to strike out the word " heretofore " in 
the first proviso and add after the words " Confederate States 
Government " in the same words, " prior to the 15th April, 
1862," when Mr. Graham moved to strike out the entire first 
proviso, which latter motion prevailed. 

Mr. Bagley moved to insert after the words " it shall not 
be lawful for any person in this State," in section 1, the 
words " except citizens of the counties of Currituck, Cam- 
den, Pasquotank, Perquimans, Gates, Chowan, Hyde and 
Tyrrell," which was not agreed to. 

Mr. Graham moved to add after the word " ratification," 
in section 2, the words " and shall continue in operation until 
the first day of January, A. D. 1865," which was agreed to. 

The question being on inserting the amendment proposed 
by Mr. Shipp, as amended, it was decided in the afiirmative, 
and the bill as amended passed. 

On motion of Mr. Brown, the rules were suspended, and 
said bill was read a third time. 

Mr. Sharpe moved to amend by striking out the words 
Chinese sugar cane and syrup," which was not agreed to. 
And the bill passed. 

A message was received from the House of Commons, that 
thep concur in the amendment made by the Senate to 
engrossed resolutions entitled " Resolutions declaring the 
separation between the Confederate States, and United Stat'es 
final, and to sustain the President of the Confederate States 
and the Governor of North Carolina." 

On motion of Mr. Slaughter, the Senate adjourned until 
to-morrow morning, 10 o'clock. 



60 SENATE JOURNAJ.. [Sessloii 

■ SATURDAY, November 29, 1862. 

Prayer by Rev. Mr, Lansdale. 

Mr. Lassiter introduced a resolution requesting the Com- 
mittee on Agriculture to inquire as to the expediency of 
limiting the cultivation and production of tobacco, which was 
adopted. 

Mr. Ellis, from the Committee on Claims, reported upon 
the resolution entitled "A Resolution in favor of S. S. Hicks," 
and recommended that it do pass. 

Mr, Ellis moved to suspend the rules in order that the 
resolution might be read a second time, which motion was 
lost. ■ 

Mr. Sharpe introduced a bill entitled "A Bill to regulate 
the fees of Jailors," which was read first time, and, on his 
motion, referred to the Committee on the Judiciary. 

Mr, Copeland, from the Committee to superintend the 
election of two Engrosssng Clerks, reported that T. H. Hill 
received a majority of the whole number of votes cast, and 
is elected ; also that M. J. Moore received a majority of the 
whole number cast, and is elected. 

Mr. Neal introduced a bill entitled "A Bill to incorporate 
the town of Marion," and, on his motion, the same having 
been read first time, was referred, together with a memorial 
from sundry citizens of McDowell County, to the Committee 
on Corporations. 

Mr. Adams, of Guilford, introduced a bill entitled " A Bill 
in regard to witnesses attending courts bojond the limits of 
their county," which was read first time and referred, on his 
motion, to the Committee on the Judiciary. 

The bill entitled "A Bill to amend the 13th section of the 
105th chapter of the Revised Code," was read a second time, 
and the amendments recommended by the Committee on 
the Judiciary were adopted, as follows : After the word 
" courts " strike out the words " in the State " and insert " a 
majority, or twelve of the Justices, being present;" after the 
word " bonds " insert the words " hereafter to be executed ;" 
before the word " thousand " strike out " fifty " and insert 



1862-'63.] SENATE JOURNAL. 61 

"thirty;" and after the word "dollars" insert the word 
" each." The bill as amended passed its second reading. 

The bill entitled "A Bill to provide for clothing North- 
Carolina Troops and for other purposes," was taken up and 
its further consideration postponed, on motion of Mr. Ellis, 
until Monday next. 

The bill entitled " A Bill to amend an act entitled ' An Act 
for the better administration of justice in Onslow county and 
for other purposes,' " was read a third time and passed. 

Resolutions entitled " Resolutions concerning the defence 
of the State and the clothing of our troops," were read a 
second time, and on motion of Mr. Ramsay, laid on the table. 

The engrossed bill entitled " A Bill in reference to the sal- 
aries of the Judges of the Superior Courts of Law and Equity," 
was read a second time. 

Mr. Bagley moved to amend by including within the pro- 
visions of the bill. Solicitors ; which was not agreed to. 

Mr. Ramsay moved to amend by adding a proviso to the 
1st Section, as follows: " Provided, the amount of the salary 
does not exceed the sum of one thousand nine hundred and 
fifty dollars for each Judge," and it was not agreed to. 

The question being on the passage of the bill upon its 
second reading, Mr. Warren asked for the yeas and nays, and 
one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Bagley, Ellis, Eure, Lassiter, Leitch, Sanders, 
Sharpe, Shipp, Slaughter, "Warren and Wright — 11. 

Those who voted in the negative,' are, 

Messrs. Adams of Davidson, Adams of Guilford, Brown, 
Carroway, Copeland, Dickson, Dickerson, Harris, Holeman, 
Jarratt, Lindsay, Matthews, Murrill, Neal, Patrick, Powell, 
Ramsay, Russ, Simpson, Smith of Macon, Smith of Stanly, 
Taylor, of Chatham, Whitford, White and Wooley— 25. 

Mr. Ramsay having voted aye, changed his vote, stating 
that he desired to move a re-consideration of the bill. 

A message was received from the House that thev ask the 



62 SENATE JOUENAL. [Session 

concnrreDce of the Senate in a proposition to adjourn sine 
die on the 22nd day of December next. 

On motion of Mr. Warren, the message was laid on the 
table. 

A message was received from the House that thej transmit 
an engrossed bill entitled " An Act to amend the 102nd 
chapter of the He vised Code." The bill was read first time. 

Mr. Whitford introduced a bill entitled " A Bill for the 
benefit of Justices of the Peace, refugees from their coun- 
ties," which was read first time, and on motion, referred to 
the Committee on Propositions and Grievances. 

Leave of absence was granted to Mr. Copeland from and 
after to-daj until Wednesday next, on motion of Mr. Hole- 
man ; to Mr. Lane until Monday week, on motion of Mr. 
White ; to Mr. Warren indefinitely, on motion of Mr. Wright ; 
to Mr. Bagley from and after Monday until Wednesday, on 
motion of Mr. Warren. 

Mr. Wright moved to reconsider the vote upon the bill 
entitled " A Bill to amend the 9th and 12th sections of chap- 
ter 101, of the Revised Code, entitled " roads, ferries and 
bridges ; " which was lost. 

On motion of Mr. Slaughter, the Senate adjourned until 
Monday morning 11 o'clock. 



MONDAY, December 1, 1862. 

Edwin D. Drake, Senator elect from the 27th District, pre- 
sented a certificate of his election and qualified according 
to law. 

Mr. Dickerson presented a petition from Jesse Western, 
a free man of color, praying to be made by law, a slave of 
Joseph L. Hampton, which, on motion of Mr. Graham, was 
referred to the Committee on the Judiciary. 

Mr. Graham introduced a resolution instructing the Com- 
mittee on the Judiciary, to inquire into the expediency of 
providing by law for a more< speedy and simple remedy by 



1862-'63.] SENATE JOtfMAL 63 

landloards for the recovery of possession of land's against 
tenants holding over, after the expiration of their terms; 
which was adopted. 

By Mr. Lassiter, " Resolved^ That a message be sent to the 
House of Commons that the Senate proposes to raise a Joint 
Select Committee of seven on the part of the House and five 
on the part of the Senate, to wiiom should be referred the 
message of his Excellency, the Governor, on the subject of 
salt^ and whose duty it should be to inquire and report as 
early as practicable, what legislation is necessary to aid in 
securing to the people of North Carolina a suflScient supply 
of that article." Adopted. 

Mr. Lassiter also introduced a resolution entitled "A reso- 
lution in favor of Thomas E. and C. W. Skinner, Jr.;" which 
was read first time, and, on his motion, referred to the Com- 
mittee on Claims. 

Mr. Ellis introduced a resolution, entitled " A resolution in 
favor of Lewis "Williamson ;" which was read first time, and, 
on his motion, referred to the same committee. 

The bill entitled " A bill to amend the 13th section of the 
105th chapter of the Revised Code," was read a third time 
and passed. 

On motion of Mr. Graham, the foregoing bill was re-con- 
sidered and amended by striking out " thirty thousand " and 
inserting " fifty thousand," before the word " dollars," as the 
amount of the Sheriff's bond ; and the title was amended to 
be " A bill amendatory of the law in relation to Sherifi:''s 
bonds." The bill, as amended, passed. 

Mr. Kamsay moved to reconsider the vote by which was 
rejected the engrossed bill entitled " A bill in reference to 
the salaries of the Judges of the Superior Courts of law and 
Equity." Carried, and on his motion, the said bill was made 
the special order for Thursday next, at 12 o'clock. 

The bill entitled " A Bill to provide for clothing North 
Carolina Troops and for other purposes," was read a second 
time, and on motion of Mr. Ellis, laid on the table. 

Mr. Jarratt introduced a bill entitled, " A Bill to change 



64 SENATE JOURNAL. [Session 

the place of comparing the polls in the 44th Senatorial Dis- 
trict," which was read first time, and referred, on his motion, 
to the Committee on Propositions and Grievances. 

The bill entitled, " A Bill to secure the property of mar- 
ried women," was taken np and postponed until Friday next, 
and made the order of the day for that day, at 12 o'clock, on 
motion of Mr. Faison. 

The engrossed hill, entitled " An Act to amend the 38th 
Section of the 102d Chapter of the Revised Code," was read 
second time, and referred, on motion of Mr. Graham, to the 
Committee on the Judiciary. 

Mr. Sharpe, by leave, introduced a bill entitled, " A Bill 
to authorize the County Courts to appoint Commissioners to 
settle estates ;" which was read first time and referred to the 
Committee on the Judiciary, on his motion. 

The hour of 12 having arrived, the Senate proceeded to the 
consideration of the engrossed bill, entitled, " An Act for the 
purchase of provisions," and the amendment thereto as re- 
ported by the Select Committee. 

The question being on striking out all after the words, " An 
Act," and inserting the amendment, 

The Senate refused, upon a division of the question, to strike 
out. 

On motion of M"r. Matthews, the Senate adjourned until to- 
morrow morning, at 10 o'clock. 



TUESDAY, December 2, 1S62. 

E. J. Blount, Senator elect from the 11th District, and Da- 
vid Outlaw, Senator elect from the 7th District, severally 
presented certificates of election, and qualified according to 
law. 

A message was received from the House of Commons, that 
they agree to the proposition of the Senate to raise a Joint 
Select Committee of seven on their part and five on the part 
of the Senate, to whom sliould be referred so iriuch of the 



iS62-'63.] SENATE JOURNAL. ' 65 

'Governor's message as relates to a supply of salt, and appoint 
Messrs. Harrisson, of Cabarrus, Allison, Henderson, Young, 
of Yancey, Cobb, Lane and McEae, as said comniittee on the 
part of the House. 

A message was received from his Excellency, the Gover- 
nor, accompanied by detailed reports from the Adjiitunt Gen- 
eral's office, upon the condition of the Quarter-Master's De- 
partment, and upon the number of troops which the- State 
has furnished to the Confederate States, the number of volun- 
teers and conscripts, and the number, also, returned for State 
service, transmitted by him in reply to resolutions of inquiry, 
passed by the Senate calling upon the Governor and Quarter 
Master General for information upon the matters reported on. 

The message and documents were referred, on motion of 
Mr. Graham, to the Joint Committee on Military Affairs. 

The Speaker announced as the Committee on enrolled bills^ 
for the week, Messrs. Slaughter, Adams, of Guilford and 
Leitch. 

Mr. Shipp, from the Committee on Cherokee Lands and' 
"Westero Turnpikes, reported upon the bill entitled, " A Bill 
to provide for the better management of the Western Turn- 
pike Eoad, with a recommendation that it do pass. 

Mr. Wright, for the committee on the Judiciary reported 
upon the bill entitled, "A Bill to regulate the fees of Jailors,"" 
with a recommendation that it do pass ; also upon the bill 
entitled, " A Bill in regard to witnesses attending court be- 
yond the limits of their county," with a recommendation that 
it do not pass. 

Mr. Lassiter introduced resolutions expressive of the satis- 
faction of the General Assembly, with the manner and spirit o 
the people, in sustaining the war, and the conduct of our 
troops, which were read first time. 

Mr. Slaughter introduced a bill entitled, "A Bill to pro- 
vide for the holding of courts in Hertford County," which 
was read first time, and referred, on his motion, to the Com- 
mittee on Propositions and Grievances. 

Mr. Smith, of Macon, introduced a bill entitled, " A Bill; 
5 



66 , SEKATE JOVIfNAL. [Session 

to amend the 1st, 12th and 23d, Sections of Chapter 17, of 
the Acts for 1860-'61," which was read first time and refer- 
red, on motion of Mr. Wright, to the Joint Committee on Mi- 
litary Affaii's. 

Mr. Brown was excused, at his request, from serving on^ 
the Joint Standing Committee of the Insane Asyhim, and tlie 
Speaker appointed thereon, Mr. Saunders. 

The engrossed bill entitled, " An Act for the purchase of 
provisions," having been read, as the order of the day, 12' 
o'clock yesterday, passed its second reading. 

Mr. Taylor, of Chatham, moved that the rules be suspend- 
ed, that the bill aforesaid might be read a third time, which 
was not agreed to. 

On motion of Mr. Shipp, a itnessage was sent to the House 
of Commons, that the Senate proposes to go into an election 
for Counsellors of State, to day, at 12 o'clock, and that Jesse- 
R. Stubbs, of Martin county, F. B. Satterthwaite, of Pitt,. 
L. Eldridge, of Johnston, R. P. Dick, of Guilford, J. R. Har- 
grove, of Anson, Dr. James Calloway, of Wilkes, and James 
A. Patton, of Buncombe, are in nomination'. 

George F. Davidson, of Iredell, was added to the foregoing, 
nomination, by Mr. Jarratt. 

On motion of Mr. Hall the Senate went into secret session. 

The Senate being now in open session,, a message was 
received from the House of Commons that they agree to the 
proposition of the Senate to go into an election for Counsel- 
lors of the State, at 12 o'clock to-day, and appoint Messrs. 
Bond and Robhison, committee on their part to superintend 
said election. 

The Speaker announced Messrs. Lassiter, and Young as 
the committee on the part of the Senate, and the Senate pro- 
ceeded to vote for Counsellors of State, as follows: 

FoK Jesse R. Stctbbs — Mr. Speaker, Messrs, .Adams, of 
Davidson, Adams, of Guilford, Arendell, Blount, Brown^ 
Carrowa3^ Dickson, Dickerson, Ellis, Eure, Faison, Graham, 
Holeman, Jarratt, Lassiter, Lindsay, Leitch, Matthews, Neal, 
Outlaw,, Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, 



1862-'63.] SENATE JOUKNAL. 67 

Sliipp, Slaughter, Smith, of Anson, Smith, of Macon, Smithy 
•of Stanly, Taylor, of Chatham, Whitford, Wiggins, Wooley, 
Wright and Young — 38. 

For F, B. SATTERxnAVAiTE. — Mr. Speaker, Messrs, Adams, 
of Davidson, Adams, of Guilford, Blount, Brown, Carroway, . 
Dickson, Dickerson, Eure, Graham, Holeraan, Jarratt,Lassiter, 
Lindsay, Leitch, Matthews, Neal, Outlaw, Patrick, Ramsay, 
Kuss, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of 
Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, 
Whitford, Wiggins, Wooley, Wright and Young — 35. 

For L. Eldeidge. — Mr. Speaker, Messrs. Adams, of David- 
son, Adams, or Guilford, Arendell, Blount, Brown, Carro- 
way, Dickson, Dickerson, Eure, Faison, Graham, Holeman, 
Jarratt, Lassiter, Lindsay, Leitch, Matthews, ISTeal, Outlaw, 
Patrick, Banisay, Russ, Sanders, Simpson, Sharpe, Shipp, 
Slaughter, Smith, of Anson, Smith, of Macon, Smith, of Stanly, 
Taylor, of Chatham, Whitford, Wiggins, Wooley, Wright and 
Young— 37. 

For R. P. Dick. — Mr. Speaker, Messrs. Adams, of David- 
son, Adams, of Guilford, Arendell, Blount, Brown, Carroway, 
Dickson, Dickerson, Eure, Faison, Graham, Jarratt, Lassiter, 
Lindsay, Leitch, Matthews, ISTeal, Outlaw, Patrick, Ramsay, 
Russ, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of 
Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chat- 
ham. Whitford, Wiggins, Wooley, Wright and Young — 36. 

For J. R. Haegeave. — Mr. Speaker, llessrs. Adams, of 
Davidson, Adams, of Guilford, Arendell, Blount, Brown,. Car- 
oway, Dickson, Dickerson, Eure, Faison, Graham, Holeman, 
Jarratt, Lassiter,Lindsay, Leitch, Matthews, Neal, Outlaw, Pat- 
rick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, Slaugh- 
ter, Smith, of Anson, Smith, of Stanly, Taylor, of Chatham, 
Whitford, Wiggins, Wooley, Wright and Young— 36. 

For Dr. James Calloway. — Mr. Speaker, Messrs. Adams, 
of Davidson, Adams, of Guilford, Arendell, Blount, Brown, 
Carroway, Dickson, Dickerson, Eure, Faison, Graham, Hole- 
man, Lassiter, Lindsay, Leitch, Matthews, TTeal, Outlaw, 
Patrick, Ramsay, Russ, Sanders, Simpson, Sharpe, Shipp, 



68 SENATE JOURNAL. [Session- 

Slaughter, Smith, of Anson, Smith, of Macon, Smith, of 
Stanlj, Whitford, Wooley and Wright— 33. 

For James A. Patton. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of* Guilford, Arendell, Blount, Brown, 
Carrowaj, Dickson, Dickerson, Euro, Graham, Holeman, 
Jarratt, Lassiter, Lindsay, Leitch, Matthews, Neal, Outlaw, 
Patrick, Hamsay, Puss, Sanders, Simpson, Sharpe, Shipp, 
Slaughter, Smith, of Anson, Smith, of Macon, Smith, of 
Stanly, Taylor, of Chatham-, Whitford, Wiggins, Wooley, 
Wright and Yo*ing — Z(^. 

For G. F. Davidson. — Messrs. Jarratt, Smith, of Macon. 
Taylor, of Chatham, Wiggins and Young — 5. 

For Ralph Gokrell. — Messrs. Holeman and White — 2. 

For James^Rdimley. — Mr. Arendell — 1. 

For M. L. Wiggins.— Mr. White— 1. 

For R. H. Cowan.— Mr. Ellis— 1. 

For W. J. Houston. — Messrs. Ellis, Hall and White— 3;. 

For Eugene Grissom. — Mr. Ellis — 1. 

For J. G. Yancey.— Mr. Ellis— 1. 

For J. A. Young.— Mr. Ellis— 1. 

For F. B. Miller. — Messrs. Ellis and Faison — 2. 

For Arghieald Monk. — Mr. Faison — 1. 

For Daniel Dickson. — Messrs. Hall and AVhite — 2.. 

For Nicholas Nixon. — Mr. Hall— 1. 

For N. N. Freeman.— Mr. Hall— 1. 

For M. L. Williams.— Mr. Hall— 1. 

For W. W. Avery. — Messrs. Hall and White— 2. 

For Marcus Erwin. — Mr. Hall — 1. 

For Newbery Hall. — Mr. White— 1. 

For Thomas I. Faison. — Mr. White — 1. 

Mr. Ramsay moved to adjourn until 10 o'clock to-morrow 
morning ; and the Senate adjourned accordingly. 



WEDNESDAY, December 3, 1862. 
Prayer by Rev. Mr. Skinner. 
The Speal^er. announced as the Senate branch of the Joint 



1862-'63.] SENATE JOURKAL. 69 

Select Committee on so touch of the Governor's message as 
relates to the subject of salt, Messrs. Shipp, Smith, of Macon, 
Smith, of Anson, Wiggins and Powell. 

Mr. Leitch, for the Committee on the Judiciary, reported 
upon the engrossed bill entitled "An Act to amend the 38th 
section of 102nd chapter of the Revised Code," with a recom- 
mendation that it do not pass ; and Mr. Wright, for the same 
Committee, reported upon the bill entitled " A Bill to author- 
ize the County Courts to appoint Commissioners to settle 
estates," with a recommendation that it do not pass. 

The engrossed bill entitled " An Act for the purchase of 
provisions," was read a third time, when Mr. Wiggins moved 
to amend, by striking out all after the enacting clause and 
inserting as follows, to- wit : 

" That the sum of five hundred thousand dollars be and the 
same is hereby appropriated to the use and benefit of the 
v/ives and families of the volunteers and soldiers who now 
ai*e or who may hereafter be in the service of the State or 
Confederate States. 

Sec. 2, Be it further enacted,^ That at the earliest practica- 
ble time, it shall be the duty of the Chairman of each Court 
to notify the Justices of his county to meet in the court house 
for the purpose of electing some person to be styled a County 
Commissioner, a majority of the Magistrates being present. 

Sec. 3. Beit further enacted^ That the sum of five hundred 
thousand dollars, as aforesaid, be equally divided amongst 
the several counties of the State, according to the white pop- 
ulaton, to be ascertained by the census of I860. 

Sec. 4. Be it further enacted^ That so soon as the Commis- 
sioner aforesaid shall be elected and enter into bond with 
approved security by the Court, it shall and may be lawful 
for the Treasurer of the State to pay to said Coraunssioner the 
amount due his county out of any money in the Treasury not 
otherw^ise appropriated, and that the Treasurer shall be allowed 
for the same in the settlement of his accounts. 

Sec. 5. Be it further enacted, That at the Court and at the 
time of the appointment of the County Commissioner, it 
sball be the duty of the Court to direct and establish such 



70 SENATE JOURNAL. [Session 

rules and regulations in the division and distribution of the 
money appropriated to the use and benefit of the wives and 
families of the soldiers as to afford the greatest relief and 
comfort to them, whether tlie same shall be paid them in the 
whole or in part, in cash or provisions, with power to purchase 
or receive produce or provisions of any kind from the State 
in lieu of money or such amount^s the Court shall from time 
to time prescribe. 

Seo. 6. Be it further enacted y That this act shall be in force 
from and after its passao-e. 

^\\Q motion did not prevail. 

Mr. Ramsay moved to amend by inserting after the word 
" compensation " in section 1st the words " whose names shall 
be published in the newspapers of the State ; " which was 
agreed to, 

Mr. Matthews moved to amend by adding to the first sec- 
tion the words " and no one who is liable to the conscript 
acts of the Confederate Congress shall be employed as an 
agent ; " which was not agreed to. 

Mr. Murrill moved to amend by striking out the words in 
section 1st " at a fixed compensation " and inserting the 
words " whose necessary expenses shall be paid by the 
State," when Mr. Graham moved to commit the bill to a 
Select Committee ; which latter motion prevailed. 

The Speaker announced as said committee Messrs. Graham, 
Outlaw, Wiggins, Powell and Ellis. 

Mr. Ramsay moved that a message be sent to the House of 
Commons that the Senate proposes to go into an election for 
Treasurer of the State to-day at 12-| o'clock ; and he nomi- 
nated Jonathan Worth, and Mr. Simpson nominated Daniel 
W. Courts therefor. Agreed to. 

Mr. Lassiter introduced a bill entitled " A Bill concerning 
insane persons," which was read first time, and referred, on 
his motion, to the Committee on the Judiciary, and ordered 
to be printed. 

Mr. White introduced a bill entitle'd " A Bill to establish 
the Bank of Lincolnton," and presented a memorial from 
sundry citizens of said town, praying for the establishing a 



1862-'63.] SEjS^ATE JOURNAL. 71 

bank therein, and on his^motion, both were referred to the 
Oommittee on Banks and Currency. 

A message was received from the House of Commons that 
they transmit certain engrossed bills and resolutions entitled 
to- wit : 

" Resolution in favor of Joseph Welch." 

" Resolution in favor of John Fisher." 

" Resolution ra favor of John Fitzrandolph." 

" Resolution in favor of John Blaylock." 

" A Bill to authorize the Magistrates of the county of Chat- 
ham to levy a tax for the purpose of working the public 
roads in said county." 

" A Bill concerning Justices of the Peace in Bladen 
<5ounty." 

'• A Bill in relation to the Justices in Johnston county.'^ 

" A Bill to authorize the agent of Cherokee lands to refund 
the purchase money in certain cases." 

" A Bill to establish the Eighth Judicial Circuit and for 
other purposes." 

" A Bill to establish n Superior Court of Law and Equity 
for the county of Alleghany. 

The foregoing resolutions and bills were read first time, 
and the bill in relation to the Justices of Johnston county 
was referred, on moiion of Mr. Sanders, to the Committee on 
Propositions and Grievances, and the " Resolution in favor 
•of Joseph Welch " and the " Resolution in favor of John 
Blaylock," were referred, on motion of Mr. Graham, to the 
Committee on Claims. 

A message was received from the House of Commons that 
the House concurs with the Senate in the proposition to go 
into an election for State Treasurer at 12|- o'clock to-day, and 
appoints Messrs. Allison and Russel, of Craven, a Committee 
on the part of the House to superintend the election. 

The Speaker announced Messrs. Ramsay and Simpson as 
the Committee to superintend said election on the part of the 
Senate. 

Mr. Young, from the Committee to superintend the election 



72 SENATE JOURNAL. [Session 

of Counsellors of State, reported that Jesse R. Stubbs, F. B. 
Satterthwaite, L. Eldridge, R. P. Dick, J. R. Hargrove, Jas. 
Calloway and Jas. A. Patton, having received each respect- 
ively a majority of all the votes cast, were elected. 

A message was received from the House of Commons that 
they propose to the Senate to go into an election for Solicitor 
of the Sixth Judicial Circuit at 1 o'clock P. M. to-day, and 
that R. F. Arrafield, Walter P. Caldwell and James E. Kerr, 
Esqrs., are m nomination. Agreed to-, and the Speaker 
announced Messrs. Leitch and Lassiter as the Committee on 
the part of the Senate to- superintend the election', 

Mr. Young introduced a hill entitled, " A Bill to amend the 
Charter of the North Carolina Powder Manufticturing Com- 
pany," which was read first time, and on his motion, referred 
to the Committee on Corporations. 

A message was received from the House of Commons, that 
they transmit a report of the " State of the Bank of Fayette- 
ville ;" and said report was referred, on motion of Mr. Gra- 
ham, to the Committee on Banks and Currency. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, by leave, returned tliebill entitled, " A Bill con- 
cerning Salt," and reports of commissioners of Salt works, 
which were referred, on his rnotiofi, to the Joint Select Com- 
mittee on so much of the Governor's message as relates to the 
subject. 

Mr. Eure, from the Joint Committee on Military Affairs, 
reported upon the bill entitled, " A Bill to amend the Oi-di- 
dance of the Convention, entitled, ' An Ordinance to make 
provision for the families of soldiers dying in service.' Rati- 
lied 22d February, 1862, and for other purposes," and recom- 
mended an amendment thereto, and that with the amendment 
adopted, the bill do pass. 

A messag-e from the House of Commons was received, that 
Messrs Carpenter and Gilliam, of Rockingham, constitute the 
committee on their part, to superintend the election for a So- 
licitor of the 6th Judicial Circuit ; also, another message was 
received, that the Honorable R. B. Gilliam, having resigned 



1862-'63.] SENATE JOURNAL. 73 

as Speaker of the House of Commons, the Honorable E. S. 
Donnell, was elected Speaker thereof. 

The bill entitled, "A Bill to provide for the better man- 
agement of the Western Turnpike Road," was read a second 
time and passed. 

The Senate proceeded to vote, the hour of 12 having ar- 
rived, for Treasurer of the State, as follows : 

For Jonathan Worth. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams of Guilford, Arendell, Blount, Dickerson, 
Eure, Graham, Jarratt, Lassiter, Leitch, Lindsay, Matthews, 
Neal, Patrick, Ramsay, Russ, Sanders Sharpe, Shipp, Slaugh- 
ter Smith, of Anson, Smith, of Macon, Taylor, of Chatham, 
Warren, Wooley and Wright, — 27. 

For Daniel W. Courts. — Messrs. Brown, Carroway, Cope- 
land', Dickson, Drake, Ellis, Faison, Hall, Harriss, Holeman, 
Lane, Murrill, Outlaw, Powell, Simpson, Whitford, White, 
Wiggins and Young, — 19. 

Mr. Young, from the Committee on Military Affairs, re 
ported, in pursuance of a resolution of inquiry in relation to 
a supply of ammunition for the people of the State, a bill en- 
titled, " A Bill to provide a supply of powder and lead, in the 
several counties of this State," which was redid first time, when 
on motion of Mr. Sanders, the rules were suspended and the 
same was read a second and third time and passed. 

Mr. Ramsay, on the part of the committee to superintend 
the election of a Treasurer of the State, reported that Jona- 
than Worth received a majority of all the votes cast, and is 
elected. 

The bill entitled, " A Bill to regulate the fees of Jailors," 
was read a second time, and on motion of Mr. Wiggins, the 
bill was so amended as to include County Surveyors ; an ad- 
ditional section being incorporated by acceptance of Mr. 
Sharpe in the bill, and it then passed as amended. 

The Senate proceeded to vote for Sohcitor of the 6th Judi- 
cial Circuit, as follows : 

For R. F. Abmfield.— Mr. Speaker, Messrs. Adams of 
Davidson, Adams of Guilford, Arendell, Blount, Brown, Car- 



74: SENATE JOURNAL. [Session 

roway, Copeland, Dickson, Dickerson, Drake, Ellis, Eure, 
Faison, Graham, . Harris, Holeman, Jarratt, Lassiter, Mat- 
thews, Mnrrill, Outlaw, Patrick, Sanders, Simpson, Shipp, 
Smith of Anson, Smith of Macon, Taylor of Chatham, War- 
ren, Whitford, Wiggins and Wright — 33. 

For Walter P. Caldwell. — Messrs. Leitch, Neal, Ram- 
say, Puss, Sharpe, Slaughter, Smith of Stanly, Woolcy and 
Yonng. — 9. 

For James E. Kerr.- — Messrs. Hall, Lane, Powell and 
White— 4. 

The bill entitled "A bill in regard to witnesses attending 
Court beyond the limits of their county," was read a second 
time, and on motion of Mr. Adams, of Guilford, laid on the 
table. 

The resolutions entitled " Resolutions expressive of the sat- 
isfaction of the General Assembly with the spirit of the people 
in sustaining the war and the conduct of our troops," were 
read a second time and passed. 

Mr. Ellis, by leave, introduced a bill entitled "A bill to 
provide a reserve force for State defence," which was read 
first time, and referred, on his motion, to the Joint Committee 
on Military Affairs. 

On motion of Mr. Warren, leave of absence from and after 
to-day until Monday next, was granted to Mr. Patrick. 

Mr. Leitch, from the Committee to superintend the elec- 
tion of Solicitor of the Sixth Judicial Circuit, reported that 
R. F. Armlield, Esq., received a majority of all the votes cast, 
and is elected. 

The S^enate adjourned until 11 o'clock A. M. to-raorrow, on 
motion of Mr. IVIatthews. 



TBURSDAY, December 4, 1862. 
Prayer by Rev. Mr. Atkinson. 

Mr. Graham, from the Joint Select Committee, raised to 
inquire whether the offices of Adjutant General, Attorney 



l862-'63.] SENATE JOUEJNAL. 75 

General and Solicitor for the Fourth Judicial Circuit, were 
vacant or not, made a report and recommended resolutions 
declaring the said offices vacated. 

The report and resolutions were read and ordered to be 
printed, and were made the special order for Mondaj next 
12 o'clock. 

Mr. Arendell, from the Committee on Corporations, reported 
upon the bill entitled " A bill to incorporate the town of 
Marion," and a memorial from sundry citizens of McDowell 
county, in relation thereto, and recommended that said bill 
do pass. 

Mr. Lassiter, from the Committee on Propositions and 
Grievauces, reported upon the bill entitled" A bill to provide 
for the holding of Courts in Hertford county," and recom- 
mended its passage. 

Mr. Smith, of Anson, introduced a bill entitled "A bill to 
amend the charter of the Cheraw and Coalfields Railroad 
Company, as amended by an Ordinance of the Convention," 
which was read first time, and referred, on motion of Mr, Tay- 
lor, of Chatham, to the Committee on Internal Improvements. 

Mr. Lindsay introduced a resolution entitled " A resolution 
to pay the oflicers and privates of J. W". F. Banks' company 
for their services, "which was read first time, and referred, on 
his motion, to the Committee on Military Affairs. 

Mr. Sharpe introduced a bill entitled "A bill to facilitate 
the payment of claims for the organization and transmissioif 
of troops to the places where they were ordered by the 
proper authorities," which wa& read first time, and referred, 
on motion of Mr. Ramsay, to the Committee on Finance. 

The resolutions entitled "Resolutions expressive of the 
satisfaction of the General Assembly with the spirit of the 
people in sustaining the war and the conduct of our troops," 
were read the third time. 

Mr. Wooley moved to amend, by adding as follows : 

" Resolved^ further^ That equal to our appreciation of the 
valor and patriotism of our troops in the field, is our admira- 
tion of the self-sacrificing and noble devotion of the women 



76 SENATE JOURNAL. [Session 

of our country in encouraging the soldiers on their way to 
the field of duty and of danger ; in theii" untiring efforts to 
supply them with every comfort which their ingenuity can 
invent, and their indefatigable ministrations at the couch 
of suffering, occasioned whether it be by disease or by wounds 
received in defence of their country. 

Resolved^ further^ That this devotion to the cause of Li- 
berty and Independence, for which we are now struggling, is 
alike sustaining to the soldier on duty, and to the patriot at 
home, and inspires all with that energy and zeal which ena' 
ble us to look with confidence to the successful termination 
of the struggle, and to a Confederate Government established 
upon an equitable basis, and entitled to the highest res]3ecta- 
bility among the nations of the earth," 

Mr. Ramsay moved to amend the proposed amendment, 
by striking out the word " respectability," and inserting the 
word " position," in the second resolution, which was agreed 
to, and the amendment was adopted. 

The resolutions as amended, passed. 

The bill entitled, " A bill to provide for the bettor man- 
agement of the Western Turnpike Road," was read a third 
time, and amended on motion of Mr. Shipp, by filling the 
blank in section 3, with the words, " five thousand dollars," 
and passed. 

The bill entitled, " A bill to amend the Ordinance of the 
ConventioB, entitled, ' An Ordinance to make some provision 
for the families of soldiers dying in the service.' Ratified 22d 
Februar}^, 1862, and for other purposes," was read a second 
time, together with the report of the Committee of Military 
Affairs, thereon. 

The amendment recommended by the Committee, was 
adopted, which is, to insert after the word " amended," in 
the 1st section, words as follows: " as to apply to all soldiers 
who died in the service, previous to the ratification of said 
Ordinance : Provided^ that the bounty given by the Ordi- 
nances of May 6, 1862 and May 12, 1862, and the arrearages 
due to deceased soldiers, shall only be paid to the widow of 



1862-'63.] SENATE JOURNAL. 77 

the deceased soldier, or to his childi*en, if the wife be dead : 
and if the soldier leave neither widow nor children, ihen to 
his father ; and if his father be dead, then to his mother : 
Provided further, that all persons who claim the benefits of 
this act, shall be subject to the provisions of the 2d section of 
the Ordinance to which this is an amendment. 

The bill as amended passed, and the rules were suspended, 
on motion of Mr. White, when it was read a third time and 
passed. 

Mr. Sharpe moved to amend the title of the bill by insert- 
ing after the word " service," the words, " in relation to 
bounties and arrearages due, at the time of their death," which 
was not agreed to. 

The order of the daj, being the bill entitled, " A bill in re- 
ference to the salaries of the Judges of the Superior Courts of 
Law and Equity," was read a second time. 

Mr. Murrill moved to amend by striking ont all after the 
enacting clause, and inserting a& follows : " That the 3d and 
4th Sections of Chapter 102 of the Revised Code, entitled^ 
' Salaries and Fees,' be, and the same are hereby repealed. 

Be it further enacted, That the Judges of the Superior 
Co'Urts of Law and Equity, shall each have an annual salary 
of two thousand five hundred dollars, payable semi-annually,- 
on the 1st days of January and July ; and for holding a 
special term of the Superior Court, the Judge holding said 
Court, shall receive a compensation of one hundred dollars, 
to be paid by the county in which said special term shall be 
held, on the production of a certificate from the Clerk of said 
Court. ^ 

Be it further enacted, That this act shall be in force from 
and after the 1st day of January, A. D., 1863." 

The amendment was not adopted. 

The question recurring on the passage of the bill, Mr, 
White asked for the yeas and nays, and one-fifth agreeing. 

Those who voted in the affirmative, are : 

Messrs. Arendell, Copeland, Drake, Ellis, Graham, Hall, 
Lassiter, Leitch, Neal, Outlaw, Ramsay, Sanders, Shipp,. 



78 SENATE JOURNAL. [Session 

Skngliter. Smith, of Anson, Smith, of Macon, "Warren, White, 
Wiggins, Wright and Young — 21. 

Those who voted in the negative, are : 

Messrs. Adams, of Davidson, Adams, of Gnilford, Blount, 
Brown Carrowaj, Dickerson, Eaison, Harriss, Holeman, Jar- 
ratt, Lindsa;^, Matthews, Mnrrill, Powell, Russ, Simpson, 
Smith, of Stanly, Ta^dor, of Chatham, Whitford and Wooley, 
—20. 

So the bill passed its recond reading. 

A message was received from the House of Commons that 
they propose to the Senate to raise a joint select committee 
of five on their part and three on the part of the Senate, to 
whom should be referred certain bills entitled as follows : 
"A bill concerning extortion ;" "A bill to enable the Gov- 
ernor to cause provisions and articles of clothing to be seized 
for the public use ;" " A bill for the relief of wives and fam- 
ilies of soldiers," and " A Bill defining extortion and encour- 
aging honorable speculation ;" but the Senate refused to 
agree. 

Mr. Warren asked leave of absence for the Reading- Clerk 
of the Senate for four days, which was granted. 

The bill entitled " A bill to authorize the County Courts to 
appoint Commissioners to settle estates," was read its second 
time and rejected. 

The bill entitled "A bill to authorize the Agent of Chero- 
kee Lands to refund the purchase money in certain cases," 
was read a second time and passed. 

A message was received from the House of Commons that 
they transmit a message from His Excellency the Governor, 
and accompanying documents, and propose that so much of 
the message as refers to a claim of Messrs. West and Johnson, 
for damages alleged by reason of the violation of copy-right, 
in publishing copies of "Volunteer's Hand Book," be referred 
to the Joint Committee on the Public Printing, and so much 
thereof as refers to the certificate of Hamilton W. Davenport 
and correspondence of Col. Jas. D. Radclifif, in relation to 
certain prisoners confined in Salisbury, be referred to the 



1862-^63.] SENATE SOURNAL. 79 

joint select committee raised on the subject, wliicli was agreed 
to, and the Senate adjourned, on motion of Mr. Graham, until 
to-morrow, 11 o'clock, A. M. 



FRIDAY, December 5, 1S62. 

Prajer by Rev. Mr. Hardie. 

Reports were made as follows : 

By Mr. Smith, of Macon, from the Committee on Internal 
Improvements, recommending that the bill entitled "A bill 
to construct a Railroad from Dallas in Gaston County, via 
Lincolnton, to Newton, in Catawba County," do pass ; also a 
report recommending that the bill entitled " A bill to amend 
the charter of the Cheraw and Coaliields Railroad Cornpa- 
ny, as amended by an ordinance of the Convention," do pass. 

The latter bill was subsequently taken up, on motion of 
Mr. Smith, of Anson, and the rules having been suspended, 
was read a second and third time and passed. 

By Mr. Lassiter, from the Committee on Proposition's and 
Grievances, recommending that the bill entitled "A bill to 
change the place of comparing the polls in the Mth Senato- 
rial District ." do pass ; also a report recommending that the 
bill entitled " A bill for the benefit of Justices of the Peace, 
refugees from their counties," do pass. 

By Mr. Taylor, of Chatham, from the Committee on Banks 
and Currency, recommending that the " Report of the con- 
dition of the Bank of Fayette ville," be printed, which was 
so ordered ; also reports recommending that the bills entitled 
"A bill to establish the Bank of Lincolnton," and "A bill 
amendatory of an act to incorporate the Bank of Western 
North Carolina," do pass. 

By Mr. Wiggins, from the Committee on Finance, asking 
to be discharged from the further consideration of the bill 
entitled "A bill to prevent speculation in corn, flour, bacon, 
&c." The committee were discharged accordingly. 

By Mr. Faison, from the same committee, asking to be 



80 . SEi^ATE JOUimAL [Session 

discharged from the further consideration of the resolution of 
inquiry entitled "A resolution in favor of sheep," and stating 
that provision would be made in the Revenue Bill for the 
object contemplated by the resolution. 

The committee were so discharged. 

Ey Mr. Warren, from the Committee on the Judiciary, 
upon the petition of Jesse Weston, a free m. ail of color, pra}^- 
ing to be made by law a slave of Joseph L. Hampton," asking 
to be discharged and setting forth that the General Assembly 
have not the power to grant the prayer of the petitioner. 

By Mr. Shipp, from the joint select committee on so much 
of the Governor's message as relates to salt, a resolution as 
follows : 

Resolved^ That the Governor be requested to correspond 
with the Hailroad and Steamboat Companies connected with 
the city of Wilmington, and have, (if the same be practical 
ble,) all the salt now on hand, belonging to the State, and all 
that may be hereafter made, transported to some point in the 
interior ; and, that like facilities be extended to such indivi- 
duals and companies as he may deem advisable." 

The resolution was read iirst time. 

Upon the rules being suspended, on motion of Mr. Shipp, 
it w^as read a second time and passed, and read a third time, 
when Mr. Outlaw ixioved Lo amend by inserting after the 
words " individuals and companies," the words, " and, also, 
to the agents of the different counties of the State, who are 
purchasing for their counties," w^hich was agreed to. 

The resolution as amended passed. 

By Mr. Kamsay from the Committee on Claims, recom<- 
mending the passage of the resolution entitled, " A resolu- 
tion in favor of Lewis Williamson," and " A resolution in fa- 
vor of Thomas E. and C. W. Skinner, Jr. 

The rules were suspended, on motion of Mr. Ellis, and tlie 
resolution in favor of Lewis Williamson, was read a second 
and third time, and passed. 

By Mr. Eure, from the Committee on Military Affairs, 
asking to be discharged from the lurt^'sr' consideration of tlie 



flS62-^(^3.] 'SENIaYE journal. £1 

'resolutions entitled "^Resolutions requesting our Senators and 
instructing our K^.presentatitivcs in Congress, to urge a re- 
/peal of' certain 'clauses of the act known as the 'Mihtary Ex- 
emptiofc Act.' '' The committee were so discharged. 

Alst) ui?on a resolution to refer that portion of the Govern- 
or's message which relates to State defence, that the com- 
■mittee'-have matured a bill upon the subject. 

Also &«kiifg to be discharged from further inquiry as to the 
•re^olRtion for the protection of Eastern North-Carolina. Dis- 
* charged accordingly. 

By Mr. Young, for the same committee, asking to be dis- 
-charged from further inquiry as to a resolution pertaining to 
the Militia, and a resolution to raise a police force for the 
people of Rockingham County. The committee were so dis- 
charged. 

Also, report upon the bill entitled, "A bill to amend th© 
1st, 12th, and 23rd sections of chapter 17 of the^ Acts for 
1860-'61," recommending that they do not pass* 

Mr. Sanders introduced a resolution instruicting the Com- 
mittee on Internal Improvements to inquire whether partial-^ 
ity has been shown in the shipment of produce or goods on; 
Railroads in which the State owns stock, which was adopted. 

Mr. Ramsay introduced a bill entitled " A bill to amend 
an act entitled ' Militia Bill,' " ratified the 20th day of Sep- 
tember, 1861, which was read first time and referred, on his 
motion, to the Committee on Military Affairs. 

Mr. White introduced a resolution instrueting; the Commit* 
tee on Agriculture to inquire as to the expediency of prohib- 
iting the extensive planting of cotton, tobacco, and the pro- 
ducing turpentine, during the war. Which was adopted. 

The engrossed bill entitled, " A bill to establish the Stli: 
Judicial Circuit aad for other purposes," was read a second 
time and passed. The rules were suspended on motion of" 
Mr. Graham, and said bill was read a third time and passed. 

On motion of Mr. Outlaw, the order of the day, being the 
bill entitled, " A bill to secure the property of married wo- 
men," was postponed until Wednesday next^ at 12 o'clock. 
6. 



8S SENATE JOURNAL. • [Session 

Leave of absence was granted to Mr. Hall until Wednes- 
day next, on motion of Mr. Young; also, to Mr. Ilarrls, until 
Wednesday next, and to Mr. Dickson until Monday next, on' 
motion of Mr. Arendell. 

The engrossed bill entitled "An act to amend the 38th 
section of the i02nd chapter of the Revised Code," vras 
read a third time, and, on motion of Mr. Sharpe^laid on the 
table. 

The engrossed bills entitled " A bill in reference to the 
salaries of the Judges of the Superior Courts of Law and 
Equity," and "A bill' to authorize the Agent of Cherokee 
Lands to i*efund the purchase money in certain cases," were 
read a third time and passed. 

The bill entitled "A bill concerning Justices of the Peace- 
in Bladen County," was read a second time and passed. 

The bill entitled " A bill to authorize the Magistrates of 
tlie County of Chatham to levy a tax for the purpose of 
working the public roads of said County," was read a second 
time. 

JMr. Murrill moved to amend by striking out after the 
word " sections," in section 2d, the words "of five miles^ 
each," and inserting the words " in such lengths as the Jus- 
tices may direct," which was agreed to. 

Also to amend by adding in the same section, after " Pitts- 
borough," " Jacksonville," which was agreed to. 

The bill passed its second reading as amended. 

The rules were suspen<lcd on motion of Mr. Taylor, of 
Chatham, and the bill was read a third time and passed. 

The title was amended by inserting " Onslow " after Chat- 
ham, and passed. 

The bills entitled, " A bill to provide for the holding of 
Courts in Hertford County," and " A bill to establish a Su- 
perior Court of Law and Equity for the County of Allegha- 
jsy," were read a second time and passed. 

Mr. Neal introduced a resolution entitled, " A resolution 
ii) favor of James M. Neal," which was read first time, and, 
j(jn i)i5 iiioti<3n, i-eferred to thfi Conjraittee on Gl^i^js.. 



1862-'63.] SEN'ATE JOURITAL, 83 

Mr. Sharpe introduced a bill entitled, " A bill lo prevent 
harborirg deserters and resisting their arrests," which was 
read first time and referred, on his motion, to the Committee 
on the Judiciary. 

A message was received from the House of Commons, that 
they have passed the bill entitled " A bill to prohibit the dis- 
tillation of Spirituous Liquors," with certain amendments and 
ask the concurrence of the Senate. 

On motion of Mr. Graham, the Senate did not agree to the 
amendments and tbe House v/as informed thereof. 

Mr. Adams, of Davidson, presented the annual statement 
of the condition of the Bank of Lexington, and moved to 
transmit the sara« to the House of Commons with a proposi- 
tion to print, which was agreed to. 

'On motion of Mr. Outlaw, the Senate adjourned until to- 
morrow morning, at 11 o'clock. 



SATUEDAY, December 6, 1862. 

Prayer by Rev. Mr. Landsdale. 

Mr, Sharpe, for the Committee on the Judiciary, reported 
upon the bill entitled " A bill to prevent haboring deserters 
and resisting their arrests," and recommended a substitute by 
way of amendment thereto, and that the bill, with the amend- 
ment, do pass. 

Mr. Graham from, from the Select Committee, to whom 
was referred thei bill entitled "An act for the purchase of 
provisions," reported upon the same and recommended 
amendments thereto. 

Mr. Ramsay introduced a bill entitled "A bill to amend 
the 102nd chapter of the Revised Code, entitled ' salaries and 
fees,' " which was read first time, and referred, on his motion, 
to the Committee on Propositions and Grievances. 

Mr. Ellis introduced a bill entitled " A bill to raise a moun- 
ted police guard for Brunswick county," which was read first 



84 SeI^ATE journal. [Session 

time, and referred, on his motion, to the Joint Committee on 
Military Affairs. 

The resolution entitled " Resolution in favor of John 
Fisher," was read a second time, and on motion of Mr. Gra- 
ham, referred to the Committee on the Judiciary. 

A message was received from the House of Commons that 
they transmit to the Senate an engrossed resolution entitled 
" Resolution requesting the Governor to request the officers 
of the Confederate Government to desist from arresting our 
citizens, and to take such proceedings as he may deem best 
to put an end to the arrests," and ask the concurrence of the 
Senate. . 

The resolution was read first time, and Mr. Matthews 
moved to suspend the rules, which was agreed to. 

The resolution was read a second time, and Mr. Copeland 
moved to amend by adding thereto the words " except in 
the vicinity of the enemy," and Mr. Outlaw moved to refer 
the same to a Select Committee, which latter motion prevailed. 

Mr. Graham introduced a resolution as follows, to-wit : 

Resolved, the House of Cominons concurring, That it shall 
be the duty of the Secretary of State to keep in a secure and 
separate repository all secret acts and resolutions of the Gen- 
eral Assembly, to which no person shall have access except 
the Governor of the State or a member of his staff or his 
private Secretary. 

The resolution was read and adopted, and a message in 
relation thereto sent to the House of Commons. 

A message was received from the House of Commons that 
they decline to concur in the amendment made by the Senate 
.to the bill entitled '- A bill to authorize the Magistrates of 
the county of Chatham to levy a tax for the purpose of work- 
ing the public roads in said county." 

On motion of Mr. Taylor, of Chatham, the Senate receded 
from the amendments, and the foregoing bill was ordered to- 
be enrolled. 

The resolation entitled " A resolution in favor of Benjamin 
Eitzrandolpli," was read a second time and passed ^ also the- 



1862-'63.] SENATE JOURNAL. 85 

bill entitled " A bill to incorporate the Macon Leather Com- 
pany in the county of Macon," was read a second time and 
passed. 

The resolution entitled " A resolution in favor of Thomas 
E. and W. Skinner, Jr.," was read a second time and passed, 
and the rules were suspended, on motion of Mr. Ramsajj 
when it was read a third time and passed. Also the resolution 
entitled "A resolution in favor of S. S. Hicks" was read a 
second time and passed, and the rules were suspended, on 
motion of Mr. Taylor, of Chatham, when it was read a third 
time and passed. 

The bill entitled " A bill to incorporate the towu of Marion,' 
was read a second time. 

Mr. Neal moved to amend by inserting after the word 
"who" in line 2nd, sec. 2nd the words "is twenty one years 
old," and by striking out all after the word " election " in 
line 3rd of same sec. to the word " shall " in line 6th ; also by 
striking out in section 11th, line 2nd, the word "one" and 
inserting the words " one-half," which several amendments 
were agreed to. 

Mr. Sanders moved to strike out in section 2nd last line, 
the word " one " and insert the M'^ord "four," which was also 
agreed to. And the bill passed its second reading, and the 
rules were suspended, on motion of Mr. Neal, when it was 
read a third time and passed. 

Mr, Warren introduced a bill entitled " A bill for the relief 
of persons in custody, not in the military service," which 
was read first time, and referred, on motion of Mr, Smi th, of 
Macon, to the Joint Select Committee on the message of the 
Governor relating to the imprisonment of citizens," &c., and 
ordered to be printed. 

The Speaker announced as the Select Committee to whom 
should be referred the engrossed resolution to authorize and 
request the Governor to request the Confederate ofticers to 
desist from arresting our citizens under the conscription act, 
in pursuance of an agreement made with the Confederate 



86 SENATE JOURNAL. [Session 

authorities in relation to said law, Messrs. Graliam, Wriglit, 
Young, Wiggins and Simpson. 

Mr. Lane inti-odnced a resolution entitled " A resolution 
in favor of William Kornegay," which was read iirst time, 
and referred, on his motion, to the Committee on Claims. 

A message was received from the House of ( 'ommons that 
they transmit for the signature ot the Speaker of the Senate, 
resolutions entitled " Resolutions of thanks to the officers and 
soldiers of North Carolina," and "Resolutions declaring the 
separation between the Confederate and United States Gov- 
ernment final, and to sustain the President of the Confederate 
States and the Governor of North Carolina." 

The same were signed by the Speaker of the Senate. 

A message was received also that they transmit a message 
from his Excellency, the Governor, together with accompa- 
nying documents, and propose to raise a Joint Select Com- 
mittee of five on their part and three on the part of the 
Senate, to whom the said message and documents shall be 
referred. 

The Senate agreed thereto. 

Also, a message that they " decline to recede from their 
amendments made to the bill entitled ' A bill to prohibit the 
distillation of spirituous liquors.' " 

Mr. Outlaw moved that the Senate do irsist upon their not 
agreeing to said amendment, which was carried. 

The followino^ engrossed bills and resolutions were sent to 
the House of Commons for their consideration, to-wit : 

A bill to amend the Ordinance of the Convention entitled 
"An ordinance to make some provision for the families of 
soldiers dying in service, ratified 22nd February, 1862, and 
for other pui-poses." 

A bill to provide a supply of powder and lead ia the sev- 
eral counties of the State. 

Resolutions expressive of the satisfaction of the General 
Assembly with the spirit of our people in sustair^iug the war 
and the conduct of our troops. 

A bill to amend the law in relation to sherifi^'s bonds. 



1862-^63.] SE1)[ATE JOURNAL. 87 

A bill to amend the 33rd and 3Sth sections of 102iid chapter 
of the Revised Code. 

On motion of Mr. Leitch, the Senate adjourned nntil Mon- 
day 11 o'clock A. M. 



MONDAY, December 8, 1862. 

Mr. Wright, from the Judiciary Committee reported in 
pursuance of the resolution of instruction in relation thereto, 
a bill entitled, " A bill tor the relief of landlords," which was 
read first time and ordered, on motion of Mr. Ramsa}"-, to be 
printed. 

Mr, Murrill introduced a resolution entitled, "A resolution 
in favor of the sureties of W. D. Humphrey, late Sheriff of 
Onslow County,^ which was read first time and referred, oa 
motion of Mr. Ramsay, to the Committee on the Judiciary. 

Mr. Ramsay introduced a, resolution entitled, " A resolu- 
tion on printing the Inaugural Address of His Excellency, 
Governor Vance," which was read first time, and the rules 
liaving been suspended, on his motion, it was read a second 
and third time and passed. 

Mr. Slaughter introduced a bill entitled, " A bill for the 
relief of such persons as may suffer from the bui-ning of the 
Courthouse and records of Hertford county," which was read 
first time, an^J jeferrod on his motion, to the Judiciary Com- 
mittee. 

The following engrossed bills and resolutions were trans- 
mitted to the House of Commons : 

" A bill to amend the Charter of tlie Cheraw^ and Coal- 
fields Railroad Company, as amended by an Ordnance of the 
Convention." 

" A bill to be entitled ' An act to provide for the better 
management of the Western Turnpike Road, and re-building 
and repairing certain Bridges on the same." 

" Resolution in favor of Lewis Williamson." 

*^ Resolution req^uesting the Governor to coiTespond with 



SB^ SENATE JOliFRNAL. [Session, 

Kailroad and other Companies, in relation to the transporta- 
tion of salt from Wilmington, &g.'' 

A message was received from the House of Commons, that 
they transmit to the Senate^ " A statement of the condition' 
of the Merchants' Bank of Nevvhern," and "A statement of 
the condition of the Thoraasville Bank," and propose that 
the same be printed, which was agreed to. 

Mr, Adams, of Davidson, presented a " Statement of the 
condition of the Bank o-f Lexington,'^ and moved that tlie 
same be sent to the House of Commons, with a proposition ta, 
print :: Mr. Adams stating that in the statement which he 
had heretofore presented, as made by said bank, there was- 
an omission. Agreed to, and a message was sent accord- 
ingly. 

Also, by Mr. Adams, a bill was introduced entitled, " A 
bill to amend the Charter of the Bank of Lexington, and to 
establish the Bank of Graham," which was read iirst time and 
referred, on his motion, to the Committee on Banks and Cur- 
rency. . 

The Speaker announced Messrs.. Wright, Wiggins and 
Smith, of Macon, as the Senate's branch of the Joint Select 
Committee on the message of His Excellency, tha Grovernor,. 
in relation to the seizure of railroad iion, &c.. 

The Committee on Enrolled Bills for the present week,. 
Messrs. White, Bagley and Smith, of Stanly. 

The engrossed bill entitled, "An act for the purchase of 
provisions," was taken up and read a third time. On motion 
of Mr. Sharpe, the order of the day was postponed for thirty 
minutes. 

The amendments reported by the Select Committee, to. 
whom the bill was referred, wei-e adopted seriatim, and the 
bill with the amendments made thereto, passed, and was sent 
to the House of Commons for their agreement. 

The order of the day, being the resolutions entitled, " Re- 
solutions declaring the office of Adjutant General, Attorney 
General and Solieitor loir the 4th Judicial Circuit, vacant,'^ 



1862-'63.] SENATE JOURNAL. 89 

was, on the call of Mr. Ellis, divided, and tlie resolutions were 
read separately. 

The first resolution, declaring the office of Adji:tant Gener- 
al, by reason of the acceptance of Jas. G. Martin, of the of- 
fice of Brigadier General in the Confederate G^overnment, 
vacant, was read a second time and passed. 

The second resolution, declaring the office of Attorney 
General vacant, by reason of the acceptance of W, A. Jen- 
kins, of the office of Lieutenant Colonel, in the Confederate 
service, for three years or during the war, was read a second 
time, when Mr. Ellis moved to postpone the second and third 
resolutions until Thursday, at 12 o'clock. The motion was 
not agreed to. The resolution passed its second reading. 

Mr. Graham moved to amend the first resolution, by in- 
serting the words " for three years or," before the words 
" during the war," which was agreed to. 

On the third resolution, upon its second reading, declaring 
the office of Solicitor for the fourth Judicial Circuit vacant, 
the ayes and noes were demanded. Those who voted in the 
affirmative, are, 

Messrs. Adams, of Davidson, Adam?, of Guilford, Aren- 
dell, Blount, Copeland, Dickerson Graham, Koleman, Lassi- 
ter, Leitch, Lindsay, Matthews, Murrill, ISTeal, Outlaw, 
Powell, Ramsay, Russ, Sanders, Sharpe, Shipp, Slaughter, 
Smith, of Anson, Smith, of Macon, Smith of Stanly, Taylor, 
of Chatham, Warren, Whitford, "White, Wiggins, Wooley, 
Wright and Young, — 33. 

Those who voted in the negative, are ; — Messrs. Bagley, 
Carroway, Drake, Ellis, Eure, Faison, Jarratt, Simpson and 
Taylor, of Nash.— 9. 

So the resolution passed. 

The first resolution was read a third time, and Mr. Mat- 
thews called for the ayes and noes, and one-fifth agreeing : 

Those who voted in the affirmative, are : 

Messrs. Adams, of Davidson, Adams, of Guilford, Aren- 
dell, Bagley, Blount, Dickerson, Ellis, Eure, Faison, Graham, 
Holeraan, Jarratt, Lassiter, Leitch, Lindsay, Matthews, Mur- 



90 SENATE JOURNAL. [Session 

rill, Neal, Outlaw, Powell, Tlamsay, Riiss, Sanders, Simpson, 
Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, 
Smith, of Stanh^, Taylor, of Chatham, Taylor, of Nash, War- 
ren, Whitford, AVhite, Wiggins, Wooley, Wright and Young, 
—39. 

Those who voted iu the negative, are : — Messrs. Carroway 
and Drake, — 2. 

So the resolution passed. 

The question l)oing on the second resolution, which was 
read a thiid time, Mr. Arendell called for the yeas and 
nays, which was agreed to. 

Those who voted in the affirmative, are : — Messrs. Adams, 
of Davidson, Adams, of Guilford, Arendell, Blount, Copeland, 
Dickerson, Graham, Holeman, Jarratt, Lassiter, Leitch, Lind- 
say, Matthews, Muirill, Neal, Outlaw, Powell, Ramsay, Russ, 
Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of An- 
son, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, 
Warren, Whitford, White, Wiggins, Wooley, Wright and 
Young, — 35. 

Those who voted in the negative, are : — Messrs. Bagley, 
Carroway, Drake, Ellis, Eure, Faison and Taylor, of Nash, — 7. 

So the resolution passed. 

The third resolution was read a third time and passed, 
when the resolutions were again read as a whole and adopted. 

A message was received from the House of Commons, tliat 
they transmit certain engrossed resolutions entitled, "Reso- 
lutions protesting against the burning of cotton in Eastern 
North- Carolina," which were read first time — the rules were 
suspended and the same were read a second time. 

After some discussion, Mr. Copeland moved to adjourn un- 
til 11 o'clock to-morrow. Not agreed to. 

Mr. Young moved to lay the resolutions on the table. — 
Not agreed to. 

Mr. Murrill moved to refer to a select committee, and tliat 
the resolutions be made the order of the day for 1 o'clock to- 
morrow, and it was not agreed to. 



1862-'63.] SENATE JOURNAL. 91 

Mr. Murrill now moved to amend by adding this resolu- 
tion : 

Rcsolvedy ThRt the Confederate authorities be also reques- 
ted to desist from the impressment and destruction of boats 
and canoes in New River and ou the coast in Onslow Coun- 
ty, and that like protest be made against such practices. — 
Not adopted. 

The question recurring on the resohvtions on their second 
reading, Mr. Iloleman called for the yeas and nays, and one- 
fifth agreeing. 

Those who voted in the affirmative are ; Messrs. Adams, 
©f Davidson, Adams, of Guilford, Arendell, Baglej, Blount, 
Carroway, Dickerson, Eure, Faison, Graham, Jarratt, Lassi- 
ter,. Leitch, Lindsay, Matthews, Murrill, Neal, Outlaw, Ram- 
say, Russ, Sanders, Sharpe, Slaughter, Smith, of Anson, 
Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, Tay- 
lor, ot Nash, Warren, AVhitford, Wiggins, Wooley and 
Wright.— 33. 

Those who voted in the negative are : Messrs. Copeland, 
Drake, Ellis, Holeman, Powell, Shipp, White and Young. — 8. 

So the resolutions passed and were read a third time and 
passed. 

The following enrolled bills and resolutions, signed by the 
Speaker of the House of Commons, were transmitted to the 
Senate and signed by the Speaker thereof, to-wit : 

" Resolution to pay J. W. Alspaugh for his services as 
Clerk at the opening of the session." 

" Resolution in favor of W. R. Lovel." 

" Resolution in favor of Philip G. Smith." 

" Resolution to purchase the Ordinances and Resolutions 
of the late Convention." 

"Resolutions declaring the separation between the United 
States and Confederate States final, and to sustain the Presi- 
dent of the Confederate States and the Governor of North- 
Carolina." 

" Resolutions of thanks to the officers and soldiers of North- 
Carolina." 



92 SENATE JOUKNAL. [Session 

"A resolution to prohibit the transportation of articles of 
prime necessity beyond the limits of the State." 

"And resolutions requesting the Governor to correspond 
•with Kailroad and other companies in relation to the trans- 
portation of salt from Wilmington." 

The following engrossed bills and resolutions have been 
•sent to the House of Commons, to- wit: 

" Resolution in fa*'or of J. W. Alspaugh," 

" Resolution in favor of Philip G. Smith." 

" A bill to amend the 13th section of 105th chapter of Re- 
vised Code — law in relation to Sheriffs^ bonds." 

"A bill to amend the charter of the Atlantic, Tennessee, 
and Ohio Railroad." 

"A bill to amend the 9th and 12th sections of the 101st 
chapter of Revised Code." 

. "A bill to prohibit, for a limited time, the manufacture of 
spirituous liquors from grain, amendatory of an Ordinance of 
the Convention, ratified 21st Feb., 1862." 

" Resolution to prohibit the transportation of articles of 
prime necessity beyond the limits of the State." 

" A bill to amend an act entitled, an act for the better ad- 
ministration of justice in Onslow County, and for other pur- 
poses." 

" A bill to allow further time for the registration of grants, 
conveyances and other instruments." 

"A bill to amend an act entitled 'An act to incorporate 
the Lizzerdale Copper Company." 

The Senate went into secret session upon the motion of 
Mr. Graham, and the doors having been opened, on his 
motion, also,-the Senate adjourned until to-morrow 11 o'clock, 
A. M. 



TUESDAY, Decembee 9, 1862. 
Mr. Ramsay, from the Committee on Claims, reported back i 
the resolution entitled " A resolution in favor of James M. 



lS62-'63.] SENATE JOURNAL. 93 

Neal," and recommended that the same be referred to the 
Committee on Propositions and Grievances, and it was so 
referred ; also upon tlie resolution entitled " A resolution in 
favor of Solomon Pool," recommending a'u amendment an^ 
that with the same adopted it do pass, which resolution was 
taken up, on motion of Mr. Graham, and the amendment of 
the committee adopted, to-wit : "Strike out all after the 
words 'North Carolina,' and insert 'the sum of seventy-live 
dollars, the amount of taxes overpaid by him in July 1862.' " 

The rules were suspended, on motion of Mr. Graham, and 
the resolution passed its second and third reading. 
* Mr. Eure, from the Joint Committee on Military Affairs, 
reported upon the bill entitled " A bill to amend an act enti- 
tled 'Militia Bill,' ratified the 20th day of September, 
1861," and recommended that it do not pass ; also, the reso- 
lution entitled " Resolution to pay the officers and privates 
of Capt. J. W. E. Banks' Company for their services," and 
recommended an amendment thereto. 

A message was received from the House of Commons that 
they agree to the amendments made by the Senate to the bill 
entitled " An act for the purchase of provisions," also a mes- 
sage that they transmit to the Senate a message of His 
Excellency, the Governor, with accompanying documents ; 
among which are statements of the condition of the Bank of 
Charlotte. 

f On motion of Mr. Ramsay, the statements of the condition 
of the Bank of Charlotte were ordered to be printed. 

A-lso, a message that they have appointed Messrs. Russell, 
of Brunswick, Costner, Ingram, McNeill and Hawes as the 
House branch of the Joint Select Committee on the message 
of the Governor in relation to the seizure of Railroad iron, 
&c. ; and a message that they propose to the Senate to raise 
a committee of conference to consist of two members from 
each House, on the amendments made by them to the bill 
entitled " A bill to prohibit the distillation of spiritous hquors," 
and disagreed to by the Senate, and that they appoint Messrs. 
Amis and Avera on their part said committee. Agreed to, 



U SENATE JOURNAL. [Session 

and the Specaker appointed Messrs. Grabam and Ramsay as 
the Senate's branch of said committee. 

Mr. Sliipp moved to print a report from iST. W. Woodfin, 
Salt Commissioner, which was agreed to. 

The bill entitled "A bill to provide for the holding of 
Courts in Hertford county," was read a third time. 

Mr, Slaughter moved to amend the first section by adding 
thereto a proviso, to-wit: " Provided, that in case two-thirds 
can not agree, then it shall be in the power of the special 
Court to decide ; " also, to amend the last section by adding 
w^ords " and all laws and clauses of laws coming in conflict 
with this act, arc as to this act, hereby repealed," and further, 
by adding an additional section, to-wit : 

'' Be it further enacted^ That the Clerk of the County Court 
and the Clerk of the Superior Court, shall not be required to 
keep their offices at or within one mile of the court house. 

The foregoing amendments were adopted, and the bill 
passed as amended. 

Mr. Smith, of Macon, introduced this resolution, to-wit : 

" Resolved, That a message be sent to the House of Com- 
mons, proposing to raise a Joint Select Committee, to consist 
of three on the part of the Senate, and live on tlic part of 
the House to inquire into the causes for the payment of sol- 
diers' claims by disbursing oflicers and agents of this State, in 
Confederate Treasury Notes instead of North Carolina Treas- 
ury Notes, which were authorized to be issued by the State 
Convention, for the payment of such claims." 

Adopted, and a message accordingly was sent to the House 
of Commons. 

The engrossed bills entitled "A bill concerning Justices of 
of the Peace in Bladen county," and " A bill to establish a 
Superior Court of Law and Equity for the county of Alle- 
ghany," were read a third time and passed. 

The bill entitled "A bill to prevent speculation in corn, 
flour, bacon, &c.," was read a second time and laid on the 
table, on motion of Mr. Wiggins. 



1862-'63.] SENATE JOURNAL. 96 

The following resolutions and bills were read a second time 
and passed, to-wit : 

Resolutions requesting our Senators and instructing onr 
Representatives in Congress to urge a repeal of certain clauses 
of the " Military Exemption Act " of the Confederate Con- 
gress. 

A bill amendator\^ of an act to incorporate the 'Bank of 
Western North-Carolina. 

A bill to change the place of comparing the polls in the 
fortj'^-fourth Senatorial District, and 

A bill for the benefit of Justices of the Peace — refugees 
from their counties. 

The bill entitled " A bill to construct a Railroad from Dal- 
las, in Gaston county, via Lincolnton, to Newton, in Catawba 
county," was read a second time, when Mr. Arendell moved to 
amend, by adding an additional section, to wit: 

Be it further enacted^ That said road shall be constructed 
of the North-Carolina Railroad guage. 

The amendment was agreed to, and the bill passed its 
second reading. 

The bill entitled, "A bill to amend the lat, 12th and 23rd 
sections of chapter 17th, of the acts for 18o0-'61," was read 
a second time, and on motion of Mr. Eure, laid on the table. 

The bill entitled "A bill to establish the Bank of Lincolnton," 
was read a second time, and Mr. Lane moved to amend by 
striking out after the words, " gold or silver coin," the words, 
" or its equivalent," whicli was not agreed to, and the bill 
passed its second reading. 

The bill entitled " A bill to prevent the harboring deser- 
ters and resisting their arrests," was read a second time to- 
gether with the substitute as an amendment reported by the 
Committee on the Judiciary. 

Mr. Graham moved to lay on the table, which was not 
agreed to. 

The question being on the amendment reported by the 
committee, Mr. Russ asked for the yeas and nays and one- 
fifth agreeing : 



96 SENATE JOURNAL. [Session 

Those who toted in affirmative are : 

Messrs. Adams, of Davidson, Adams, of Guilford, Blount, 
Carrowaj'^, Copeland, Dickerson, Ellis, Faison, Graham, Hole- 
man, Jarratt, Lassiter, Mnrrill, Simpson, Smith, of Anson, 
and Whitford.— 16. 

Those who voted in the negative are : 

Messrs. Arendell, Bagley, Drake, Euro, Lane, Leitch, Lind-' 
say, Matthews, Neal, Powell, Ramsay, Russ, Sanders, Sharpe, 
Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, 
of Chatham, Taylor, of Nash, Warren, White, Wiggins, 
Wooley, Wright and Young. — 26 

So the substitute was not adopted and the bill passed its 
second reading. 

. Mr. Ramsay moved to print the foregoing bill, but it waa 
not agreed to. 

On motion of Mr. Lassiter, the said bill was taken up and 
recommitted to the Committee on the Judiciary. 

The resolution entitled " Resolution to pay Ministers of the 
Gospel for service in opening by prayer either House of the 
General Assembly," was read a second time and on the ques-» 
tion of its passage, Mr. Lane asked for the yaes and nays 
and one-fifth agreeing. 

Those who voted in the affirmative are J 

Messrs. Adams, of Davidson, Adams, of Guilford, Ramsay, 
Sharpe and Smith, of Macon. — 5. 

Those who voted in the negative are '. 

Messrs. Arendell, Bagley, Blount, Carroway, Dickerson, 
Drake, Ellis, Enre, Faison, Graham, Holeraan, Jarratt, Lane, 
Lassiter, Lindsay, Leitch, Matthews, Murrill, Neal, Outlaw, 
Powell, Russ, Sanders, Simpson, Shipp, Smith, of Anson, 
Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, War- 
ren, Whitford, White, Wiggins, Wooley, Wright and 
Young. — 36. 

So the resolution was not adopted. 

Mr. Young introduced resolutions entitled " Resolutions re- 
lating to the currency ;" which were read first time, and re- 
ferred, on motion of Mr. Ramsay, to the Committee on Fi- 



^i862-'63.] SENATE JOURNAL. &? 

nance, and on motion of Mr. Smith, of Macon, wero ordered 
to be printed. 

A message was received from the House of Commons, that 
they concur in the proposition to raise a joint select commit- 
tee to inquire into the causes of the payment of soldiers* 
I'.lairas in Confederate Treasury Notes instead of North-Caro- 
lina Treasury Notes, &c., and appoint Messrs. McAden, Ras- 
sel of Brunswick, Henderson, Carpenter and Foy as the 
House branch of said committee. 

Also, another nnessage was received, that they transmit, 
lor the action of the Senate, the following engrossed billa^ 
entitled, to wit: 

"A bill to amend the charter of the Western Plantroad." 

" A bill to establish a Female Seminary in Davidson coun- 
t3% by the name of Beatavilla." 

"A bill to change the time of holding the Courts of Fleas* 
and Quarter Sessions in the county of Mecklenburg." 

■" A bill in relation to the Richnit)nd Manufacturing Com'- 
pany." 

A bill to be entitled "An act to incorporate the Swift. 
Island Gold Mining Company." 

The foregoing engrossed bills were read first time. 

A message was received from the House that they tEana- 
mit enrolled bills and resolutions signed by the Speaker of th© 
House of Commons for the signature of the Speaker of the 
■Senate, entitled to wit : 

*' Resolutions protesting against the burning of cotton ia 
Eastern North Carolina." 

*' An act amendatory to the law in relation to Sheriff's 
bonds." 

"Resolutions in relation to the secret proceedings of t&e 
General Assembly." 

"Resolutions expressing the satisfaction of the General 
Assembly with tlie spirit of the people in sustaining the wa'r^ 
and with the conduct of our troops." 

" An act to regulate the fees of Jailors.'* 

" An act to amend an act passed and ratified on the l^b 



98 SENATE JOURNAL. [Scssioii 

day of Fobniary, 1859, entitled 'An act to incorporate tlie 
Lizzerdale Cupper Company.' " 

" A bill to provide a supply of powder and lead in the 
several counties of the State." 

"Abill to amend the ordinance of the Convention entitled 
* An ordinance to make some provision for the families of 
fioldiert? dying in service, ratilied 22d February, 1862, and for 
other purposes.' " 

And said bills and resolutions were signed by the Speaker 
of the Senate. 

Mr. Murrill introduced a bill entitled "A bill for the relief 
of persons who have overpaid or may hereafter overpay 
taxes," which was read first time and referred, on his motion, 
to the Committee on the Judiciary, and ordered to be printed. 

Mr. Lassiter asked leave of absence for Mr. Taylor, of 
Chatham, until Monday next, from and after to-day, which 
TA-iiS gi'anted, and the Senate adjourned until to-morrow, 11 
<o ""clock, A. M., on motion of Mr. Arendell. 



WEDNESDAY, Dkceiiber 10, 1862. 

Prayer by Bev. Mr. Skinner. 

Mr.' Bagley, from the Committee on Banks and Currency 
reported upon the bill entitled " A bill to amend the Charter 
of the Bank of Lexington and establish the Bank of Graham," 
and recommended that it do pass. 

Mr. Leitch, from the Committee on the Judiciary, reported 
upon the resolution entitled "Resolution in favor of John 
Fisher," and recomiuended that it do pass. 

Mr. Slaughter, for the same Committee, reported upon 
the bill entitled " A bill for the relief of such persons as may 
■BulFer from the burning of the Court-House and records of 
Hertford County," and recommended that it do pass. 

Mr. Warren, from the same Committee, reported upon the 
bill entitled "A bill concerning insane persons," and recom- 
iHiended that it do pass. 



1862-'63.] SENATE JOURJNAL. 90 

Mr. Simpson introduced tin's resolution : 

" Resolved, That a message be sent to the House of Com- 
mons, proposing to raise a joint select committee of two on 
tlie part of the Senate and three on the part of the House of 
Commons, to take into consideration whether it will bo com- 
patible with the pubic interest for this Legislature to adjourn 
sine die, on the 20th or 22d inst., as the case may be, or not ; 
and if said committee deem it inexpedient, then to ascertain 
whether it is the intention of this General Assembly io 
adjourn over at Christmas to any definite period, and if so, to 
say when and to what time, and that they report at as early 
a day as convenient," and the same was adopted and a mes- 
sage accordingly sent to the House of Commons. 

Mr. Lassiter introduced a resolution as follows : 

" liesolved, That th<3 Coramiitee on the Judiciary be in- 
structed to examine the ordinances of the Convention and 
recommend all such as are of a Legislative character, for 
publication with the laws passed at this session of the General 
Assembly." Adopted. 

Mr. Adams, of Guilford, introduced a resolution entitled 
*' Resolution in favor of the Executrix of the late Judge J. 
M. Dick," which was read first time and referred on his 
motion, to the Committee on the Judiciary. 

The Speaker announced as the Senate branch of the joint 
select committee raised to inqnire into the causes of the pay- 
ment of soldier's claims in Confederate Treasui-y Notes 
instead of North Carolina Treasury Notes &c., Messrs. War- 
ren, Sanders and Ellis. 

Mr. Eure, fiom the Joint Committee on Military Affairs, 
reported a bill entitled, " A bill to organize the State Re- 
serve," which was read first time, and, on his motion, made 
the special, order for to-morrow, 12 o'clock. 

Mr. Simpson introduced a bill entitled " A bill to continue 
in force the ordinance of the Convention providing for au 
increase of the Salaries of the Comptroller and Secretary of 
State, passed and ratified the Ot)i day of May. A, D. 18G2 ;"' 
which was read first time. 



100 SENATE JOURNAL. [Session 

The resolutions entitled " Resolutions requesting our Sen- 
ators and instructing our Representatives in Congress to 
urge a repeal of certain clauses of the " Military Exemption 
Act of the Confederate Congress," were read a third time, 
and the question being on their passage, Mr. Murrill called 
for the yeas and nays, and one-lifth agreeing: 

Those who voted in the affimative, are : — Messrs. Adams, 
of Davidson, Adams, of Guilford, Arendell, Bagley, Blount, 
Brown, Carroway, Dickson, Dickerson, Ellis, Eure, Faison, 
Harriss, Iloleman, Jarratt, Lassiter, Lindsay, Leitch, Mat- 
thews, Murrill, Neal, Outlaw, Russ, Sanders, Simpson, Sharp, 
Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, 
of Stanly, AVarren, Wiggins, Wooley and Wright, — 35. 

Those who voted in the negative, are : — Messrs. Copeland, 
Drake, Graham, Lane, Patrick, Powell, Ramsay, Whitford, 
White and Young,~10. 

So the resolution passed. 

The question being on the title of the resolution just pass- 
ed, Mr. Shipp moved to amend, by striking out the word 
" instructing," which was agreed to. 

Mr. Brown moved, to reconsider the vote just given, and 
it "was not agreed to. 

Mr. Brown moved to amend the title, by inserting the 
words " instructing our Senators and requesting our Repre- 
sentatives," striking out the word " requesting," and on this 
question called for the yeas and nays ; and one-fifth agreeing. 

Those who voted in the affirmative, are: — Messrs. Adams, 
of Davidson, Arendell, Bagley, Brown, Carroway, Copeland, 
Dickson, Drake, Ellis, Eure, Faison, Harriss, Lane, Lassiter, 
Lindsay, Matthews, Murrill, Neal, Powell, Simpson. Smith, 
of Stanly, Taylor, of Nash, Whitford and White, -24. 

Those who voted in the negative, are : — Messrs. Adams, of 
Guilford, Blount, Dickerson, Graham, Iloleman, Jarratt, 
Leitch, Outlaw, Patrick, Ramsay, Russ, Sanders, Sharpe, 
Shipp, Smith, of Anson, Smith, of Macon, Warren, Wiggins, 
Wooley, Wright and Young, — 2L 

So the title stand?, ''Resolutions instructing our Senators 



1862-'63.] SE:N'ATE JOURNAL. 101 

and requesting onr Representatives in Congress, to urge a re- 
peal of certain clauses of the ' Military Exemption Act,' of 
the Confederate Congress." 

The following engrossed bills and resolutions were sent to 
the House of Commons, to wit: 

" Bill to provide for the holding of courts in Hertford 
County." 

"Resolution in favor of S. S. Hicks." 

" Resolution in favor of Thos. E. and 0. W. Skinner, Jr." 

" Resolution in favor of Solomon Pool." 

" Resolution on printing the Inaugural Address of His Ex- 
cellency, Governor Vance," &c. 

" Resolutions declaring the offices of Adjutant General, 
Attorney General, and the Solicitor for the 4th Judicial Cir- 
cuit, vacant." 

A message was received from the House of Commons, that 
they agree to the proposition of the Senate, to raise a Joint 
Select Committee to consider and report, under the resolution 
of Mr. Simpson, upon the matter of adjournment, and ap- 
point Messrs. Russel, of Brunswick, McAden and Long, as 
the Committee on their part. 

Mr. Carroway, introduced a resolution entitled, " Resolu- 
tion in favor of Capt. L. L. Clements, of Martin County," 
which was read first time and referred, on his motion, toge- 
ther with an accorapa,nying certificate, to the Committee on 
Claims. 

The order of the day, being the bill entitled, " A bill to 
secure the property of married women," was read a second 
time. 

After some discussion on the bill, Mr. Faison moved to re- 
fer the same to a Select Committee, wliich was not agreed to. 

The qnestioE being on its passage, Mr. Faison asked for the 
yeas and nays, and one-iifth agreeing. 

Those who voted in the affirmative, are : — Messrs. ^rendell, 
Bagley, Blount, Copeland, Dickson, Drake, Ellis, Euro, Faison, 
Harris, Holeraan, Lane, Mnrrill, Outlaw, Smith, of Anson, 
Taylor, of Xash, White and Young — 18. 



102 SEIS^ATE JOURNAL. [Sessiois 

Those who voted in the negative, are : — Messrs. Adams, of 
Davidson, Adams, of Guilford, Brown, Carroway, Dickerson, 
Graham, Jarratt, Lassiter, Leitch, Matthews, Neal, Patrick^ 
Powell, Ramsay, Sanders, Simpson, Sharpe, Shipp, "Warren, 
Whitford, Wiarffins and Wright — 22. 

So the bill did not pass. 

On motion of Mr. Young the engrossed bill entitled "A 
bill to change the time of holding the Courts of Pleas and 
Quarter Sessions in the county of Mecklenburg," was taken 
up and read a second time. 

The bill passed, and on motion of Mr. Young, the rules were 
suspended, when it was read a third time and passed. 

A message was received from the House of Commons that 
they transmit for the action of the Senate engrossed bills and 
resolutio7is passed by them entitled as follows, to-wit : 

" A bill in reference to Work Houses." 

" Bill for the relief of our sick and wounded soldiers." 

" A bill to alter the time of holding the Superior Courts of 
Law and Equity in the Sixth Judicial Circuit." 

" Resolutions on the Roll of Honor." 

"Resolutions authorizing the Door-Kceper of the House to 
purchase a flag of the Confederate States of America, &c," 
and "A bill to repeal the iirst section of the Ordinance of the 
Convention entitled ' An ordinance to secure to certain offi- 
cers and soldiers the right to vote as to elections to till vacan- 
cies in Congress or the General Assembly." 

On motion of Mr. Outlaw, the Senate adjourned until to- 
morrow 11 o'clock A. M. 



TBURSDAY, December 11, 18G2. 

The Speaker announced as the Senate branch of the Joint 
Select Committee raised to inquire as to a time of adjourn- 
ment of the Legislature, Messrs. Graham and Simpson. 

A commuBication from Mr. Russ, tendering his resignation, 



1862-'63.] SENATE JOUKKAL. 103 

to take effect the 25th inst., as Senator of the 24th District, 
was read, and 

Mr. Warren moved that a writ of election be issued by the 
Speaker to the Sheriff of "VVake count}^, to hold an election 
on the 25th inst., to fill the vacancy occasioned by the resig- 
nation of Mr Russ ; which was agreed to. 

Mr. Warren, from the Judiciary Committee, reported upon 
the resolution entitled "Resolution in iavor of the sureties of 
W. D. Humphry, late Sheriff of Onslow county," and recom- 
mended that it do passs; also, upon the bill entitled " A bill 
to prevent harboring deserters and resisting their arrest," and 
recommended amendments thereto. 

A message was received from the House of Commons that 
they transmit a communication from the Medical Purveyor 
of the Confederate States ; an engrossed resolution entitled 
" Resolution requesting the Governor to correspond with 
Railroad and other Companies in relation to the transpor- 
tation of Salt from Wilmington ; and the report of the Com- 
mittlee of Conference raised upon the bill entitled " A bill to 
prohibit for u limited time the manufacture of spirituous 
liquors from grain, amendatory of an ordinance of the Con- 
vention, ratified tlie 21st February, 1862," and the amend- 
ments thereto ; in which report they had concurred. 

The communication was read, and on motion of Mr. Gra- 
ham, laid on the table. 

The res(ilu;ion was read a first time, and on motion of Mr. 
Smith, of AL>con, laid on the table. 

Tlie report was rea4 and adopted, and Is as follows : 

The Committee of Conference, on the disagreeing votes of 
the Senate and House of Commons, upon the bill to prohibit 
the distillation of spirituous liquors, have conferred upon the 
subjects of disagreement, and 

Rejjort, That it be recommended that the Senate concur in 
the amendments to include in the list of articles foi'bidden to 
be used for distillation, in the fifth line, "peas and peanuts " 
after "wheat," and the wprds " the seed thereof" after the 
words "sugarcane," and the word "rice" after the words 



104 SENATE JOURNAL. [Session 

"dried fruit," and in 2nd sec. 2nd line, after striking out the 
words "its ratification," insert the words "the 1st day of 
January, 1863." That the penalty for violations of the ac* 
sliall be $500 fine and sixty days imprisonment. That the 
Senate concur in the amendment at the end of sectioji 2nd, 
"That persons offending against the provisions of this act, 
shall be deemed guilty of a distinct offence for every day oi- 
part of the day in which they shall be so offending." 

That the House recede from its amendment proposed a3 
Beetion- 2nd relative to exportations of corn, &g., for the pup- 
pose of distillation, 

,W. A. GRAHAM, for Sea. 
J. S. AMIS, for H. of C. 

Mr. Shipp mov^d to reconsider the vote by which the bill 
entitled " A bill to secure the property of married women,"^ 
was lost yesterday, and it was agreed to, and said bill waa 
referred, on his motion, to a Select Committee. 

The Speaker announced said Committee Messrs. Shipp, 
Outlaw, Faison, Blount and Euro. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported upon the bill entitled " A bill in relation 
to the Justices of Johnson county," and recommended amend- 
ments thereto. 

Mr. A.rendell, from the Committee on Corporations, reported 
upon the bill entitled "A bill to amend the charter of thu 
North Carolina Powder Manufacturing Company," and 
recommended that it do pass. 

Mr. Ramsay moved that a message be sent to the iJouse of 
Commons-, that the Senate proposes- to set apart Saturday, 
the 20th next, for-the appointment of Justices of the Peace^ 
and Mr. Matthews moved to amend by proposing Friday, 
the 10th inst,, which was agreed to, and the motion as amend- 
ed was also- agreed to,> and the message sent accordingly. 

The following bills were read a third time and passed, cm- 
titled, to wit : 

" A bill amehdatory of an act to incorporate the Bank of 
"Western North-Carolina." 



l862-'e3.] SENATE JOURNAL. 105 

" A bill for the benefit of Justices of the Peace, refugees 
from their counties." 

And "A bill to change tlie place of comparing the polls in 
the -i-Jrth Senatorial District." 

And "A bill to establish the Bank of Lincolnton," 

The bills entitled, " A bill concerning insane persons," and 
*' A bill to amend the charter of the Western Plank Road," 
were read a, second time and passed. 

The bill entitled, "A bill to continue in force the Ordi- 
nance of the Convention providing for an increase of the sal- 
aries of the Comptroller and Secretary of State, passed and 
ratified the 9th day of May, A. D. 1S62," was read a second 
time and referred, on motion of Mr. Ramsay, to the Commit- 
tee on Propositions and Grievances. 

The bill entitled, " A bill to amend an act entitled 'Militia 
Bill,' ratified the 20th day of September, 1861," was read a 
second time and passed ; and the rules were suspended, on 
motion of Mr. Ramsay, when the same was read a third time 
and passed. 

Mr. Ramsay introduced a bill entitled, " A bill to incorpo- 
rate the town of Chesnut Hill, in Rowan county," which was 
read first time and referred, on motion of Mr, Sanders, to 
the Committee on Corporations. 

The order of the day, being the bill entitled, " A bill to or- 
ganize the State Reserve," was read a second time, and by 
sections. 

Mr. Euro moved to amend the first section by striking out, 
in line 12tli, the word "five," which was agreed to. 

Mr. Matthews moved to amend by striking out all after the 
enacting clause and inserting, "That the Governor be, and 
hereby is authorized to accept the services of any number of 
volunteers, not exceeding in the whole ten thousand men, of 
any persons within the ages of eighteen and fifty, who are 
not now in the actual service of the Confederate States, and 
to organize them into companies, battalions or regiment?, 
brigades and divisions, and to muster them into the service 
of the State, and to be subject to the command of the Gover- 



lOG SENATE JOUENAL. [Session 

nor as the constitutional commander-in-cliief of the military 
forces of the State. 

Sec. 2. Be it further enacted. That tlie organization of the 
said troops shall be according to the laws of this State, the 
company oflncers to be chosen by the members of the respec- 
tive companies, and the field officers of every regiment or 
battalion to be chosen by the company officers thereof, nnder 
snch regulations as the Governor shall prescribe ; the Gener- 
al officers to be appointed by the Governor. 

Sec. S. Be it further enacted^ That tlie term of service of 
the troops hereby proposed to be raised, shall be twelve 
months, unless sooner discharged by the Governor, and that 
this act be in force immediately after its passage. 

Mr. Ramsay moved to remove the injunction of secrecy as 
to the report of tlie Joint Select Committee raised to visit 
Richmond and confer with his Excellency, the President of 
the Confederate States, &c., which was not agreed to. 

Mr. Copeland moved to amend the amendment proposed 
by Mr. Matthews, by inserting in section 1, after the words, 
" Confederate States," the words, "or liable to be called into 
that service by virtue of the acts of Congress commonly 
known as the conscription acts." 

And Mr. Lassiter moved to postpone to Monday next, and 
that the bill be made the order of the day for that day at 12 
o'clock. 

Mr. Brown moved to amend this proposed amendment by 
striking out "Monday," and inserting "to-morrow;" which 
was agreed to. 

A, message was received from the House of Commons, that 
they propose to the Senate to go into an election for Judge 
of the 7th Judicial Circuit, to-morrow at 1 o'clock, and if the 
Senate agree thereto, nominate B. S. Gaither, Wm. M. Shipp, 
W. W. Lenoir and Anderson Mitchell, for said office ; Also 
to go into an election for Solicitor of the same Circuit at 1-^ 
o'clock to-morrow, and nominate therefor "VY. P. Bynum,. 
Tod R. Caldwell and John D. Hyraan. 



lS62-'63.] . SENATE JOURNAL. 107 

The Senate agreed to the message and the House was in- 
formed thereof. 

Mr. Graham introduced a rosohition entitled "Resohition 
in relation to the seizure and transportation from the State of 
R. J. Graves, a citizen of Orange county ;" which was read 
first time, and, on motion of Mr. Ramsay, ordered to be 
printed. 

The bill entitled " A bill to construct a Railroad from Dal- 
las, in Gaston county, via Lincolnton, to Newton, in Ca- 
tawba county," was read a third time. 

Mr. White moved to amend by strikinof out the w'ords 
" iron works," wli^i-ever, and so often as they occur, and in- 
eertmg the words "Kings Mountain ;" which was agreed to, 
and the bill, as amended, passed, 

Mr. Matthews introduced a bill, entitled "A bill author- 
izing the Public Treasurer to re-pa}'' the bounty money re- 
funded or withheld from men discharged under the conscript 
act of April 21st, 1S62;" which was read iirst time, and re- 
ferred, on his motion, to the Committee on Claims. 

The follow ing engrossed bills and resolutions were read 
.first time, entitled, to wit : 

"A Bill for the relief of our sick and wounded soldiers." 

"A bill in reference to work-houses." 

" A bill to alter the time of holding the Superior Courts of 
Law and Equity in the sixth Judicial Circuit." 

"A bill to repeal the iirst section of the ordinance of t!;c 
Convention, entitled ' An ordinanoe to amend an ordinance 
to secure to certain officers and soldiers the right to vote as 
to elections to fill vacancies in Congress, or the General As- 
sembly.'" 

"Resolution authorizing the Door-Keeper of the House to 
purchase a Flag of the Confederate States of America, &c., 
and, 

"Resolutions on the 'Roll of Honor.'" 

The bill, entitled "A bill for the relief of such persons as 
may sutler from the burning of the Court House and-records 
01 Hertford county," was read a second time and passed. 



108 SENATE JOURNAL. [Session 

The bill entitled "A bill to amend the charter of the Bank 
of Lexin^^ton, and establish the Bank of Graham," was read 
second time and passed, when, on motion of Mr. Adams of 
Davidson, the rules were suspended, and it was read a third 
time and passed. 

On motion of Mr. Simpson, the Senate adjourned until to- 
morrow, 11 o'clock, A. M. 



FRIDAY, Decembee 12, 1862. 

l^raj^er bj Rev. Mr. Hardie. 

Received a message from the House of Commons that they 
agree to the proposition of the Senate to set apart Friday, 
the 19th inst., for the appointment of Justices of the Peace; 
also a message that they propose to the Senate to raise a joint 
select committee of three on their part and two on the part 
of the Senate to inquire into the causes of the non-payment 
of bounty to soldiers ; (which was authorized to be paid by 
an ordinance of the Convention,) and that said committee 
have power to send for persons and papers and report at as 
early a day as possible, which was agreed to and the Speaker 
announced Messrs. ]3agley and Mnrrill as the Senate branch 
of said committee. 

Another message was received from the House, that they 
had appointed Messi'S. Long and Howard, committee to 
superintend the election for Judge of the seventh Judicial 
Cii'cuit, and Messrs. McNeill and Green also a committee to 
superintend the election for Solicitor of the same circuit. 

The Speaker announced as the committee on the part of 
the Senate to superintend the election for Judge, Messrs, 
Blount and Harris; and Messrs. Wooley and Murrill as the 
committee to superintend tlie election for Solicitor of the 
circuit aforesaid. 

Mr. Ramsay, from the Committee on Claims, reported 
upon the resolution entitled "Resolution in favor of Capt. L. 
L- Clements," and recommended a substitute therefor ; also 



i862-'63.] SENATE SOITRXAL. 109 

upon tlie resolutions entitled "A resolution in favor of John 
Blaylock," and " Resolution in favor of Joseph Welch," recom- 
mending that they do pass. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances reported upon the bill entitled "A bill to amend 
the 102d chapter of the Revised Code entitled "Salaries and 
Fees," recommending amendments thereto, and upon the 
resolution entitled " A Resolution in favorof James M.Neal," 
recommending that it do pass. 

Mr. Simpson, from the Joint Select Committee on Adjourn- 
ment, reported a resolution and recommended its adoption 
as follows : 

Resolved^ That the two Houses of the General Assembly 
will adjourn over on Monday, the 22d inst., at 6 o'clock, A. 
M., to meet again on the lirst Monday in November, 1863, 
unless sooner convened by the Governor and Council of 
State. 

The report and resolution were received and read and were 
recommitted to said committee, on motion of Mr. Ramsay. 

Mr. Wright, from the joint select committee raised on a 
message of the Governor relating to the seizure of iron from 
State roads, reported and submitted resolutions which were 
read as follows : 

Jlesolved,, That the Confederate Government have no right 
to seize the iron, or any part thereof, not laid down, in 
possession of the Wilmington, Charlotte and Rutherford 
Railroad Company, and we do hereby enter our protest 
against any act, on the part of the Confederate Government, 
to seize the same. 

Resolved^ That His Excellency the Governor be requested 
to transmit, if necessary, to the Secretary of War this report, 
and to insist that the iron alluded to shall not be seized or 
taken from the Company and State. 

On motion of Mr. Ramsay, the report and resolutions were 
ordered to be printed. 

The bill entitled " A bill concerning insane rer?ons," was 
read a third time and passed. 



110 SENATE JOURNAL. [Session 

Mr. Wigging, from the Committee on Finance, reportei], 
recommending the passage of *'Abill to be entitled " Kev- 
enne," which was read first time and, on motion of Mr- 
Wiggins, made the special order for 12 o'clock Monday, and 
for each and ever}'' succeeding day until disposed of. 

A message was received from the House of Commons that 
they appoint Messrs. ilorton, Walser and Ingram the House 
branch of the joint ,select committee raised to inquire of the 
fion-payment of bounty to soldiers, &c. 

Mr. White, from the Committee on Enrolment, reporteil 
sundiy bills and resolutions as duly enrolled, which were 
sent to the House of Commons, and signed by the Speaker 
thereof, returned and signed by the Speaker of the Senate, 
to wit : 

" An act in reference to the salaries of the Judges of the 
Superior Courts of Law and Equity." 

"An act to establish a Superior Court of Law and Equity 
for the County of Alleghany." 

"An act to authorize the Magistrates of the Courts of 
Chatham to levy a tax for the purpose of working the public 
roads in said County." 

"An act to establish tlie eighth Judicial Circuit, and for 
other purposes." 

" An act concerning Justices of the Peace in Bladen 
County." 

" An act for the purchase of provisions." 

"An act to change the time of holding the Courts of Pleas 
and Quarter Sessions in the County of Mecklenburg." 

"An act to authorize the agent of Cherokee Lands to 
refund the purchase money in certain cases." 

The order of the day heing the bill entitled, " A bill to or- 
ganize the State Reserve," was read, when Mr. Matlhev/n 
withdrew, by unanimous consent, the amendment proposed 
by him, and moved to amend as follows, strike out all after 
the enacting clause and insert : 

"That the Governor be, and is hereby authorized to accept 
the services of any number of volunteers, not exceeding in 



l862-'63.] SENATE JOURNAL. Ill 

the whole, ten thousand men, of anj persons ovier the age of 
eighteen years, wlio are not now in the actual service of the 
Confederate States, and to organize them into companies, 
battalions or regiments, brigades or divisions, and to mnstcr 
them into the service of the State, and to be snl)ject to tJie 
command of the Governor, as tlie Constitutional Commander 
of the Militia force of the State. 

Sec. 2. Be it further enacted, That each company shall 
consist of not less than seventy-five, nor more than one hun- 
dred men, besides ofScers ; and each regiment shall consist 
of not more than \Q,-n companies. As soon as a sufficient 
number of men to constitute one company shall have been 
raised, the organization shall begin ; and, immediately after 
each battalion, regiment, brigade or division, shall have been 
organized, the Governor shall tender it to the President of 
the Confederate States, for special service and local defence, 
to serve only within the limits of this State, except in cases 
where the Governor shall deem it advisable for the defence of 
the State, to remove them into contiguous districts. 

Sec. 3. Be it further enacted., That the company officers 
shall be chosen by the members of the respective companies, 
and that all the other commissioned officers, both of the line 
and staff, shall be appointed by the Governor. 

Sec. 4. Be it further enacted, That this force shall be sub- 
ject to the rules and articles of war, and shall receive the 
same pay and allowance as officers and soldiers of the Con- 
federate States' army ; and they shall serve one year unless 
sooner discharged ; but, they may be returned to their homes 
at any time, by the order of the Governor, subject to be call- 
ed oit, however, within that term, whenever, and as often 
as the public exigency may require ; and the men shall also 
receive a bounty of fifty dollars each — twenty-five dollars to 
be paid when they are mustered into service, and the re- 
mainder when they shall have performed six months actnal 
service. 

Sec. 5. Be it further enacted, That whenever special pro- 
vision is not herein made for any act or thing necessary to 



112 SENATE JOURNAL. [Session 

carry out, complotelj', the provisions of this act, the same 
shall be done under the general law. 

Sec. 6. Be it furlhcr enacted^ That this act shall be in 
force from and after its ratification. 

Mr. Copeland moved to amend by inserting after the words 
^'Confederate States," in Section 1st, the words, "or liable 
to be called into that service by virtue of the acts of Con- 
gress commonly known as the Conscript acts." 

The Senate now proceeded to the election for Judge of the 
Vth Judicial Circuit ; the name of Wm. M. Shipp, having 
been withdrawn. 

The vote was as follows : 

For Anderson Mitchell. — Mr. Speaker, Messrs. Adams, of 
Davidson, Blount, BroM-n, Carroway, Copeland, Die! son, 
Drake, Faison, Ilarriss, Iloleraan, Jarratt, Lindsay, Leitch, 
Matthews, Eamsay, Sharpe, Slaughter, Smith, of Anson, Tay- 
lor, of Nash, Whitford and Wright.— 22. 

For B. S. Gaithee. — Messrs. Adams, of Guilford, Bagley, 
Dickerson, Lassiter, Neal, Patrick, Russ, Sanders, Simpson, 
Shipp, Smith, of Macon, Smith, of Stanly and Wooley. — 13. 

Messrs. Eure, Warren and Wiggins, voted for Wm. M. 
Shipp.— 3. 

Messrs. Arendell, Ellis, Lane, Murrill, Powell and White, 
voted for W. W. Lenoir. — 6. 

Mr. Blount, from the Committee to superintend the election 
just had, reported that no one having received a majority of 
all the votes cast, there is no election. 

Mr. Russ moved that a message be sent to the House of 
Commons that the Senate proposes to go immediately into an 
election again for Judge of the Seventh Judicial Circuit, 
which was agreed to, and Mr. Smith, of Macon, nominated 
Wm. M. Shipp. 

The Senate proceeded to the election, now 1^ o'clock, for 
Solicitor of the Seventh Judicial Circuit, and the vote vi-as as 
follows : 

For T. R. Caldwell : — Mr. Speaker, Messrs. Blount, Brown, 
Patrick, Ramsa^', Russ, Warren and Wiggins — S. 



1862-"'63.] SENATE JOURNAL. 113 

For Wm. p. Bynum : — Messrs Adams, of Davidson, Adam8, 
of Guilford, Areudell, Bagle}', Dickson, Dickerson, Drake, 
Ellis, Eure, Faison, Harris, Holeman, Jarratt, Larie, Lassiter, 
Lindsa}^ Matthews, Mnrriil, Outlaw, Powell, Simpson, Sharpe, 
Shipp, Slaughter, Smith, of Anson, Smith, of Macon, Smith, 
of Stanly, Whitford, White, Wooiey and Wright— 31. 

For John D, Hyman: — Messrs. Carrowaj, Copeland, Loitch, 
Lindsay, Sanders and Taylor, of Nash — 6. 

Mr. Russ moved to postpone the order of the day until 1 
o'clock Monday, which was ao-reed to. 

A message was received from the House of Commons that 
they concur in the proposition of the Senate to go immedi- 
diately into an election again for Judge of the Seventh Judi- 
cial Circuit, and that they appoint Messrs. Benburry and 
Williams on their part to superintend the election ; and the 
Speaker announced as the Committee on the part of the 
Senate, Messrs. Arendell and Faison, to superintend said 
election. 

The Senate then proceeded to vote again as follows, for 
Judge of the Seventh Judicial Circuit. 

Foe Anderson Mitchell:— Messrs. Blount, Drake, Hole- 
raan, Jarratt, Ramsay and Sharpe — 6. 

For W. M. Shipp :— Mr. Speaker, Messrs. Adams, of Da- 
vidson, Adams, of Guilford, Arendell, Bagley, Brown, Carro- 
way, Copeland, Dickson, Dickerson, Ellis, Eure, Faison, Har- 
riss, Lane, Lassiter, Leitch, Lindsay, Matthews, Murrill, Neal, 
Patrick, Powell, Russ, Sanders, Simpson, Slaughter, Smith, 
of Anson, Smith, of Macon, Smith, of Stanly, Taylor of Nash, 
Warren, Whitford, White, Wiggins, Wooiey and Wright — 37. 

Messrs. Copeland, Adams, of Davidson, and Leitch having 
voted for Mr. Mitchell, changed for Mr. Shipp. 

Messrs. Arendell and Lane having voted for Mr. Lenoir, 
changed their votes for Mr. Shipp, and likewise the following 
Senators having voted for Mr. Gaither, changed for Mr. 
Shipp, Messrs. Neal, Sanders, Simpson, Smith, of Anson, and 
Smith, of Stanly. 

Mr. Wooiey from the committee appointed to superintend 
8 



114 SEIS^ATE JOURNAL. [Session 

the election for Solicitor of the Tth Judicial Circuit, reported 
that Wm. P. Bynuin received a •majority of the whole num- 
ber of votes cast, and is elected. 

Leave of absence was granted to Mr. Blount until Wednes- 
day next, on motion of Mr Patrick. 

On motion of Mr, Slaughter, the Senate adjourned until 
to-morrow, 11 o'clock, A. M. 



SATURDAY, December 13, 1862. 

Mr. Leitch from the Committee on the Judiciary, reported 
upon the resolution entitled, " Resolution in favor of the Ex- 
ecutrix of the late Judge J. M. Dick," and -recommended 
that it do pass. 

A report from the Commissioners on the Sinking Fund was 
received and read, and on motion of Mr. Leitch, the same 
was transmitted to the House of Commons with a proposition 
to print. 

Mr, Wright from the Select Committee to whom was re- 
ferred the resolution entitled, "Resolution requesting the Gov- 
ernor to request the officers of the Confederate Grovernment 
to desist from arresting our citizens, and to take such proceed- 
ings as he may deem best, to put an end to such arrests,'' 
reported back the same and recommended that it be laid on 
the table. 

The report was adopted and the resolution laid on the table. 

Mr. Simpson from the Joint Select Committee on adjourn- 
ment, &c., to whom was recommitted report and resolution 
on the subject of adjournment, made a report and recommend- 
ed a substitute, whiish was read and laid on the table, on 
motion of Mr. Outlaw. 

The following engrossed bills and resolutions were sent te 
the House of Commons, entitled, to wit : 

" A bill to incorporate the town of Marion.'' 

" A bill to change the place of comparing the polls in the 
44th Senatorial District."^ 



i862-'G3.] SENATE JOURNAL. . 115 

" A bill fbi* the benefit of Justices of tlie Peace, refugees 
from their counties." 

'' A bill amendatory of an act to incorporate the Bank of 
Western North Carolina." 

" A bill to establish the Bank of Lincolnton." 

" A bill to amend an act entitled ' Mihtia Bill,' ratified the 
20th day of September, 1?61." 

" A bill to amend the charter of the Bank of Lexington, 
and establish the Bank of Graham." 

" A bill to construct a Railroad from Dallas in Gaston 
County, -yza Lincolnton to Newton, in Catawba County." 

"Resolutions instructing our Senators, and requesting dur 
Representatives in Congress to urge a repeal of certain clausss 
of the Military Exemption act of the Confederate Congress."" 

Mr. Ramsay introduced a bill entitled, " A bill supplemen- 
tary to an act passed at the present session of the General 
Assembly, and ratified 9th day of December, 1862," &c.^ 
which was read first time, and on his motion, the rules were 
suspended, when it was read a second and third time, and 
passed. 

Mr, Ramsay then moved to re-consider the vote by whiclt 
the aforesaid bill passed, and to lay that motion on the table ; 
and it was agreed to, and the same was engrossed and sent 
to the House of Commons for their action. 

Mr. Faison, from the committee appointed to superintend 
the election for Judge of the 7th Judicial Circuit, reported 
that Wm. M. Shipp, having received a majority of all the 
votes cast, is elected. 

The bill entitled, " A bill to incorporate tlie Macon Leath- 
er Company, in the county of Macon," and the resolution en- 
titled, " Resolution in favor of Benjamin Fitzrandolph," were 
read a third time and passed. 

The bill entitled, " A bill to be entitled, an act to Incorpor- 
ate the Swift Island Gold Mining Company," was read a se- 
cond time and passed, when, ou motion of Mr. Wooley,, 
the rules were suspended aud it was read a third time and; 
passed. 



116 SENATE JOURNAL. [SessiW 

The bill eiitided, "A bill to establish a Female Seminary 
in Davidson County, by the name of Beatavilla," and tiie re- 
Bolntion entitled, "Resolntion in favor of John Fisher," were 
.read a second time and passed. 

The resolnlion entitled, "Resolntion in favor of Joseph 
Welch," was read second time and passed ; and the rales 
wer^ suspended, on motion of Mr. Smith, of Macon, when 
the same avus read a third time and passed. 

The resolution entitled, " A resolution in favor of John 
Blaylock," was read a second time and passed ; and, on mo- 
tion of Mr. Smith, of Stanly, the rules were suspended, and 
tlie sanie waa read a third time and passed. 

The resol:?tion entitled, " Resolution to pay the officer^ and 
privates of CapL J. W. F. Banks' com])ajiy for their servi- 
ces," was read a secfind time, and the amcndinent recom- 
mended by the Joint Co.'timittee on Military Affairs, adopt- 
ed, to wit : 

B-esolved^ That the Paymaster of the State be authorized 
and requested to pay the officers and enlisted men of Captain 
J. AT. F. Banks' company, who have not been paid for tv^-o 
months, and twenty-four days service, on the presentation of 
a duly certified pay roll;" and, the resolution, as amended, 
passed, when the rules w^ere suspended, on motion' of Mr. 
Lindsay, and the samo" was read a third time and passed. 

The resolution entitled " A resolution in favor of James M. 
Neal," was read a second time and passed, when the rules 
were suspended on motion of Mr. Neal, and the same was 
read a third time and passed. 

The resolution entitled "Resolution in favor of the sure- 
ties of W. D. Humphrey, late Sheriff of Onslow county," 
was read a second time and passed, when Mr. Murrill moved 
to suspend the rules ; which motion was agreed to., and the 
resolution was read a third time and passed. 

The bill entitled ^' A bill in relation to the Richmond Man- 
ufacturing Company," was read a second time and passed, 
when Mr. Leitch moved to suspend the rules ; which was 
;a.greed to, and the bill was read a third time and passed. 



1862-'63.] SENATE JOURKAL. lit 

The resolution entitled "Resolntion in favor of L. L. Clem- 
■ents, of Martin county," was read a second time, and the 
amendment reported by the Committee on Claims adoj3ted, 
to wit: "That tlie public Treasurer pay to L. L. Clements, 
of Martin county, the sum of thirty-two dollars and ninety- 
six cents, the amount of taxes overpaid by him in 1862." 

The resolution as amended, passed. 

Mr. Harris introduced a bill entitled " A bill concerning 
the Courts of Pleas and Quarter Sessions of Franklin county ;" 
which was read first time, when, on his motion, the rules 
were suspended, and the same was read a second and third 
times, and passed. 

The bill entitled " A bill for the relief of landlords," was 
2'ead a second time and passed, and the rules were suspended, 
on motion of Mr. Leitch, and it was read a third time. 

Mr. Leitch moved to amend, by inserting -in Sec. 8d, after 
the words "Superior Court," the words " upon giving suffi- 
cient security ;" which was agreed to, and the bill, as amend- 
ed, passed. 

The bill er titled " A bill for the relief of such persons as 
may suffer from the burning of the court house and records 
of Hertford county," was read a third time and' passed. 

Mr. OutlarW inlroduced a bill entitled " A bill to regulate 
the per diem and mileage of the members of the General 
Assembly," which was read first time, and Mr. Matthews 
moved to 5r.;;|::ond the rules, u]3on which motion Mr. Outlaw 
asked for thy yeas and nays, and one-fifth agreeing : 

Those who voted in the afiirmative, are, 

Messrs. Adams, of Davidson, Adams, of G-uilford, Copeland, 
Di::kson, Dickerspn, Ellis, Eure, Faison, Harris, Jar- 
ratt, Lindsay, Matthews, Murrill, Outlaw, Eamsay, Sharpe, 
Shipp, Smith, of Stanly, Warren, Wiggins and Wooley — 21. 

Those who voted in the negative, are, 

Messrs. Bagley, Brown, Carroway, Drake, Leitch, Powell, 
Sanders, Simpson, Smith, of Anson, Smith, of Macon, Taylor, 
of JSTaeh, and Wright— 12. 



118 SENATE JOURNAL. [Session 

The rules were suspended, and the resolutions were read a 
second time, wlien Mr. Sanders asked for the yeas and naya 
on their passage, and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Adams, of Davidson, Dickerson, Lindsay, Outlaw, 
Ramsay, Sharpe, Shipp, Slaughter, Warren, Wiggins and 
Wooley — 11. 

Tliose who voted in the negative, are, 

Messrs. Adams, of Guilford, Bagley, Brown, Carroway, 
Copcland, Dickson, Drake, Ellis, Eure, Faison, Harris, Jar- 
ratt, Leitch, Matthews, Murrill, Neal, Patrick, Powell, San- 
ders, Simpson, Smith, of Anson, Smith of Stanlj', and Taylor, 
of Nash— 23. 

So the resolution did not pass. 

Leave of absence was granted to Mr. Adams, of Davidson, 
until Tuesday next, on motion of Mr. Matthews. 

The bill entitled " A bill to amend the 102nd chapter of 
the Revised Code, entitled 'Salaries and Fees,"' was read a 
second time. 

The amendments recommended by the Committee on 
Propositions and Grievances, to- wit: In sec. 1 line 7, to strike 
out word " five " and insert " four," and also in sec. 2 line 4, 
to strikeout word "six" and insert "five," and in line 5 of 
same section, strike out word "five " and insert-four," were 
Beverally put and not agreed to, then reconsidered, on motion 
of Mr. Ramsay, voted upon severally again. Not agreed to. 

The question being on the original bill, Mr. Ellis moved to 
strike out all after the section providing for the salary of the 
Governor, which was not agreed to, and the bill passed. 

On motion of Mr. Ramsay, the rules were suspended, and 
said bill was read a third time and passed. 

Leave of absence was granted, on motion of Mr. Warren, 
to Mr. Lassiter until Tuesday next. And on motion of Mr. 
Slaughter, the Senate adjourned until Monday 11 o'clock A.M. 



1862-'63.] SENATE JOUKNAL. 119 

MONDAY, December 15, 1862. 

The bill entitled, '^ A bill to prevent harboring deserters 
and resisting their arrests," was read a third time when the 
amendments recommended by the Committee on the Judi- 
ciary were adopted, to-wit : 

Strike ont in section 1, of the substitnte, the words, " entice, 
persuade or tempt," and insert the word " harbor," and after 
the word " conceal," insert the words, " or maintain." 

The amendment as amended was then adopted, as follows, 
towit : 

Be it enacted hy the General Assemlly of the State of 
Worth- Carolina^ and it is heredy enacted ly the authority of the 
same^ That all persons who shall harbor, or conceal, or main- 
tain any deserter from the Confederate Army, or any con- 
script whose duty it is to be in the service of the army of the 
Confederate States, or any one whose duty it shall be to ren- 
der service as a soldier to the State of North-Carolina, or 
shall aid and assist any of the above named deserters, con- 
scripts or soldiers, in resisting the proper authorities while 
arresting them, shall be held and deemed guilty of a misde- 
meanor, and upon conviction sliall be fined or imprisoned, or 
both, at the discretion of the Court. 

Be it farther enacted, That this act shall be in force from 
and after its passage. 

And the bill as amended passed and is ordered to be en- 
grossed. 

The bill entitled, " A bill to amend the charter of the 
"Western Plank Road," was read a third time and passed. 

The bill entitled, " A bill to amend the charter of the North- 
Carolina Powder Manufacturing Company," was read a sec- 
ond time. 

Mr. White moved to amend by inserting after words "pow- 
er to raise dams," in line 7, section 1, the words, '^ Provided, 
that it does not interfere with or dam the river, so as to injure 
the passage of the Tuckasegee ford,'* which was agreed to, 
when the bill as amended passed, and the rules were sus- 



120 SENATE JOURNAL. [Sessio-B: 

pended on his motion, also, and the bill was read a third time 
and passed. 

The bill entitled, "A bill in relation to the Justices of 
Johnson County," was read a second time, and. 

On motion of Mr. Eamsay, was recommitted to the Com- 
mittee on Propositions and Grievances, with instructions to 
report a general bill. 

The bill entitled, "A bill in reference to Work Houses,"" 
was read a second time, when Mr. Leitch moved to lay on 
the table, and on this motion, Mr. Sharpe asked for the yeas 
and nays and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. iirown, Carroway, Copeland, Dickersou Drake^ 
Ellis, Faison, Holeman, Leitch, Murrill, Ramsay, Smith, of 
Anson, Smith, of Stanly and Wooley — 14. 

Those who voted in the negative are, 

Messrs. Adams, of Guilford, Arendell, Bagley, Dickson, 
Eure, Jarratt, Lindsay, Matthews, Nealj Outlaw, Powell, 
Simpson, Sharpe, Slaughter, Smith, of Macon, Warren, Whit- 
ford, White, Wiggins, Wrigh^und Young — 2L 

So the motion did not prevail. 

The question being on the passage of the bill its second 
reading, Mr. Brown moved to amend by inserting in the 8th 
line of section 1, after the words "in prison," the words 
" after judgment or conviction," which was agreed to, and 
the bill as amended passed. 

The Speaker announced as the Committee on Enrollments 
for the present week, Messrs. Arendell, Dickson and Cope- 
land. 

Tiie order of the day being " A bill to be entitled "Rev- 
enue," was read a second time and begun to be read by 
sections. 

Section 1, having been read, Mr. Bagley moved to amend 
by striking out the 2d paragraph therein and inserting as 
follows : 

"All the slaves in this State, which slaves (exce])ting 
mechanics) are hereby declared to be of the following values, 



lS62-'63.] SENATE JOURNAL. 121 

to wit : All slaves under five j^ears of age, of tlie value of one 
hundred dollars; all slaves between the ages of five and tea 
years, of the value of two hundred dollars j all slaves between 
the ages of ten and twenty years, of the value of five hundred 
dollars ; all slaves between the ages of twenty and thirty 
years, of the value of six hundred dollars ; all slaves between 
the ages of thirty and forty years of the value of five hundred 
dollars ; all slaves between the ages of forty and sixty years, 
of the value of two hundred dollars ; and all the slaves habit- 
ually employed in any mechanical trade are hereby declared 
to be of the average value of six hundred dollars, excepting 
such as the County Courts may have exempted, or may 
hereafter exempt, from taxation on account of bodily or 
mental infirmity. 

Mr. Copeland moved to amend the amendment by striking 
out all after the first clause, " all the slaves in this State," and 
inserting as follows : " with the exceptions herein stated, 
shall be valued in classes as follows : all under six years of 
age shall be valued at one hundred and fifty dollars ; all 
over six and under twelve years, two hundred' and fifty 
dollars ; all over twelve and under eighteen years, three 
hundred and fifty dollars ; all over eighteen and under twenty- 
four years, four hundred and fifty dollars ; all over twenty- 
four and under thirty-six, five hundred and fifty dollars ; all 
over thirty-six and under forty- two, four hundred and fiffy 
dollars; all over forty-two and under forty-eight, thre.} 
hundred and fifty dollars ; all over forty-eight and under 
fifty-four, two hundred and fifty dollars ; all over fifty-four 
and under sixty, one hundred and fifty dollars ; all over sixty 
years shall be held valueless. Provided^ that all able-bodied 
mechanics of adrtlt age under sixty years shall be valued at 
seven hundred and fifty dollars, and excepting such as the 
County Courts may have heretofore or may hereafter 
exempt from taxation on accont of bodily or mental infirmity." 

The question being on this amendment to the amendment, 
Mr. Outlaw asked for the yeas and nays, and one-fifth 
agreeing : 



123 SENATE JOURNAL. [Session 

Those who voted in the affirmative, are, 

Messrs. Copeland, Dickson, Eure, Faison, Lindsay, LeitcL, 
Outlavr, Slaughter, Smith, of Stanl}^ and Whitford — 10. 

Those who voted in the negative, are, 

Messrs. Adams, of Guilford, Arendell, Bagley, Brown, 
Carroway, Dickerson, Drake, Ellis, Holeman, Jarratt, Mat- 
thews, Mnrrill, Neal, Ilarasay, Simpson, Sharpe, Shipp, 
Smith, of Anson, Smith, of Macon, Warren, White, Wiggins, 
Wooley, Wright and Young — 25. 

So it was not agreed to. 

Tlie question being on the amendment, Mr. Brown called 
for a division of the question and upon the part to strike out 
paragraph 2 in section 1, of the bill, Mr. Warren asked for 
the yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Adams, of Guilford, Arendell, Bagley, Brown, Car- 
roway, Copeland, Dickson, Dickerson, Ellis, Eure, Faison, 
Jarratt, Lindsay, Matthews, Murriil, Outlaw, Hamsay, Simp- 
son, Shipp, Slaughter, Smith, of Anson, Smith, of Stanly, 
Warren, Whitford, Wiggins, Wooley, Wright and Young — 
28. 

Those who voted in the negative, are, 

Messrs. Drake, Holeman, Leitch, Neal, Powell, Sharpe, 
Smith, of Macon, and White — Nays 8. 

So the Senate agreed to strike out, and the question now 
being on inserting the words of the proposed amendment, 
Mr. Murriil moved to amend by inserting as follows : " All 
the slaves in the State to be classed and valued as follows : 
Class number one, to include all slaves habitually employed 
in any mechanical trade, to be valued at eight hundred dol- 
lars ; class number two, to include all under five years old, 
valued at one hundred dollars; class number three, all over 
five years and under ten years, valued at two hundred dol- 
lars ; class number four, to include all over ten and under 
twenty-five years of age, to be valued at five hundred dollars ; 
class number five, to include all over twenty-five and under 
forty, to be valued at four hundred dollars; and class number 



1862-'63.] SENATE JOURNAL. 123 

I six, to include all over forty years old, valued at two hundred 
dolhii's. It was not agreed to. 

Mr. Smith, of Macon, moved to amend by striking out the 
■ words " six hundred," in the clause fixing the valuation of 
slaves habitually employed in auj'' mechanical trade, and 
inserting the words " eight hundred," which was not agreed 
to, and Mr. Wiggins moved to amend the same clause by 
"striking out " six hundred " and inserting " seven hundred ; " 
which was agreed to. 

'"' Mr. Eamsay moved to amend by inserting a clause as fol- 
lows : " All slaves over sixty years of age, shall be valued at 
fifty dollars ; " which was not agreed to. 

Mr. Young moved to amend the clause, " and all slaves 
between the ages of forty and sixty years, of the value of two 
hundred dollars," by striking out the word " sixty" after 
the words "forty and," and inserting other words so as to be 
"and all slaves of the age of forty and. over, of the value 
pf two hundred dollars ; " which was not agreed to. 

Pending the question of inserting the amendment of Mr. 
Bagley, as amended on the motion of Mr. Wiggins, Mr. Ram- 
say moved to adjourn until to-morrow 10 o'clock A.M. And 
the Senate adjourned ^accordingly. 



TUESDAY, Decembee 16, 1862. 

The follovv'ing engrossed bills and resolutions were trans- 
mitted to the House of Commons for their action entitled, 
to wit : 

" A bill to amend the 102nd chapter of the Revised Code 
entitled ' Salaries and Fees.' " 

"A bill concerning the Courts of Eleas and Quarter Ses- 
Iftons of Franklin county." 

"A bill concerning insane persons." 
' " A bill to amend the charter of the North Carolina Pow- 
4'er Manufacturing Comj)any." 



124 SENATE JOURKAL. [Session 

" A bill to prevent haVboring deserters and resisting their 
arrests." 

" A bill for the relief of Landlords." 

" Resolution in favor of James M. Neal. 

"Resolution to pay the officers and privates of Capt. J. W. 
F. Banks' Company." 

" Resolution in favor of the sureties of White D. Humphry, 
dec'd, late Sheriff of Onslow county." 

A message was received from the House of Commons that 
they transmit for the action of the Senate the following en- 
grossed bills and resolutions, entitled to wit : 

" A bill to provide for the probate of wills and granting 
letters of administration when the county of the residence 
of the testators or intestates is in the hands of the enem}-," 
M-hich was read first time, and referred, on motion of Mr. 
Warren, to the Committee on the Judiciary. 

" A bill to amend the charter of the city of Raleigh." 

" Resolution to pay expenses of Commissioners to Rich- 
mond." 

"Resolution in favor of W. W. Long." 

" Resolution in favor of Oscar D. Johnson, an inmate of 
the Insane Asylum." 

" Resolution in favor of W. H. Bryson," which were read 
first time. 

" Resolutions to employ free persons of color on fortifica- 
tions, &c., which were read first time, and the rules having 
been suspended, on motion of Mr. Leitch, read a second and 
third time and passed. 

" A bill to perfect certain grants in favor of William and 
Peyton Colvard," which was read first time and referred, on 
motion of Mr. Outlaw, to the ( 'ommittee on the Judiciary. 

" A bill to incorporate the Presbyterian' Publishing and 
Printing Company in the town of Fayetteville," which was 
read first time, and the rules were suspended, on motion of 
Mr. Wright, when the same was read a second and third 
time and passed. , 

" Resolution to refund Harnett county money expended 



i8G2-'63.i SENATE JOURNAL. 125 

for Col. Alexander Mnrcliison's Cavalry Ooijr.pgtny," which 
was read first time and referred, on motion of Mr. Wright, to 
the Committee on Claims. 

" Resolution in favor of T, H. Hill," which was read first 
time and referred, on motion of Mr. Ramsaj, to the same 
Committee." 

" Resolution in favor of Capt. James S. Ives." 

"Resolution in favor of M, L. Brittain." 

" A bill to allow M. L. E. Redd, late Sherifi" of Onslow coun- 
ty, to collect taxes due him," which were read first time, and 
i-eferred to the same Committee, on motion of I\Jr. Warren. 

" A bill in tavor of Thomas J. Carr, late Sheriff of Duplin 
county ;" which was read first time and referred, on motion 
of iVir. Smith of Stanly, to the same committee ; and 

" A bill to alter the line between Jackson and Transylvania 
I Counties ;" which was read first time, when the rules were 
suspended, on motion of Mr. Smith of Macon, and the same 
Was read a second and third times and passed. 

Mr; Arendell, from the Committee on Corporations, re- 
ported upon the bill entitled " A bill to incorporate the town 
of Chesnut Hill, in Rowan county," and recommended that 
it do pass. 

On motion of Mr. Smith of Macon, the engrossed bill en- 
titled "Bill for the relief of our sick and wounded soldiers," 
was taken up and read a second time. Said bill passed, and 
tlie rules were suspended, when it was read a third time and 
passed. 

Mr. Ramsay, from the joint Committee on the Insane Asy- 
lum, made a report, and recommended a bill entitled " A bill 
for the support of the Insane Asylum ;" which was read first 
time ; and said bill and report were ordered to be printed, on 
motion of Mr. Shipp. 

A message was received from the House of Commons, that 
they transmit to the Senate, " A statement showing the con- 
dition of the Bank of Wadesboro, December 3rd, 1SG3 ;" and 
said statement, on motion of Mr. Smith, of Anson, was order- 
ed to be printed. 



126 SENATE JOURNAL. [SessioK 

Also, a message that tliey transmit to the Senate, a com- 
mnnication from the Executive Department, accompanied by 
" Report of Chas. Manly, Treasurer of the (Tniversitj, to the 
Board of Trnsteeg," and propose that said report be printed, 
which was agreed to. 

A communication from W. M. Sliipp, tendering his resig- 
nation as Senator from the 4:9th District, was read, and, on 
motion of Mr. Ramsay, it was ordered that a writ of election 
be issued to the Sheriffs of the counties composing said Dis- 
trict, to hold an election on the 15th January, 1863, to fill 
the vacancy occasioned by said resignation. 

Mr. Faison, for the select Committee, to whom was refer- 
red the bill entitled, " A bill to secure the property of mar- 
ried women," reported a substitute by way of amendment, 
which, on his motion, was ordered to be printed. 

Mr. Loitch introduced a bill entitled, "A bill concerning 
the State Educational Association of North Carolina," which 
was read first time. 

The order of the day, being the bill entitled, " A bill to be 
entitled ' Revenue,' was taken up, and the question being on 
inserting the amendment proposed by Mr. Bagley. 

Mr. Young moved to amend the amendment by striking 
out and inserting words, so as to alter the classification and 
valuation of slaves, as follows : "All slaves under 8 years of 
age, to be valued $100 ; all 8 years of age, and under 15, to 
be valued $300; all 15, and under 30, to be valued $600; all 
30, and under 40, to be valued $500: all forty years of age 
and upward, to be valued $250," which was not agreed to. 

Mr. Murrill moved to amend by striking out all after the 
words, " All the slaves in this State," and inserting as follows:' 
" which slaves shall be divided into six classes valued accord- 
ingly, a8 follows : 

Class No. 1 — All mechanics under 50 years old, $1,000 



Do 




2— 


" i 


slaves " 7 " 


11 


150 


Do 




3— 


(C 


" over 7 and under 15 


(( 


350 


Do 




4— 


(( 


« " 15 " " 30 


(6 


600 


Do 




5 — 


a 


u u 3Q u a 40 


C( 


400 


Do 




6— 


a 


" " 40 years old, 




250 



1862-'63.] SENATE JOURNAL. 127 

Provided^ Tlie Court of Pleas and Quarter Sessions, shall 
have power to exempt from taxation, any slaves who, from 
age, tnental or bodily infirmity, may not be of any value, and 
not tit subjects for taxation. The motion did not prevail. 

Mr. Smith, of Macon, moved to amend by inserting " that 
all slaves over the age of sixty shall be held as a distinct clasa 
of the. value of twenty-five dollars," which was agreed to. 

The amendment of Mr. Bagley as amended was now 
adopted. 

Mr. Slaughter moved to amend 3d paragraph section 1, by 
inserting in line 19, between the words " that" and " Confed- 
erate State Treasury Notes," the words "specie. Bank notes 
and County bonds and notes," which was not agreed to. 

Rlr, xVdams, of Guilford, moved to amend by striking out 
the -ith paragraph and inserting in lieu thereof as follows : — 
" Every dollar of nett dividend or profit, not previously 
listed, declared, received, or due, on or before the 1st day 
of April in each year, upon money or capital invested in 
shares in the Bank of Washington, the Merchant's Bank of New- 
bern, the Bank of Wadesboro, the Bank of Fayetteville, the 
Commercial Bank of Wilmington, the Farmer's Bank of N.C., 
the Bank of Charlotte and the Bank of Yanceyville, shall pay an 
anliual tax of fourteen cents, and in shares in all the other 
Bankseight cents ; and any person listing such dividends shall 
specify the Bank from which such dividends are due, or 
have been received," and the motion did not prevail. 

Mr. Murrill moved to amend section 2 by inserting in line 
15 the word "farming" after the word " mechanical " and 
before the word " tools," which was agreed to. 

Mr. Mufrill also moved to amend section 6 by striking out 
in lines 4 and 5 the words "or for each school district,'^ 
wdiich was not agreed to. 

Mr. Copeland moved to amend section 11 by inserting in 
line 10, after the word " number," the words " and ages," 
which was agreed to. 

Mr. Wright moved to amend said section by adding thereto 
as follows : " And if any one deem that his land, or any one 



12S SENATE JOURNAL. [Session 

tract or lot is valued too high by tlie Board of Assessors 
appointed in 185S, he may apply to the ensuing term of the 
County Court, twelve Justices being present, who shall duly 
consider the same b}' examining witnesses under oath, and a 
decision of a majority of the Justices present, shall fix the 
valuation which shall be finah" Said amendment was adopted. 

Mr. Wiggins moved to amend section 52, paragraph 2, by 
adding "and all keepers of houses of public etitertainment, 
Y/hether in town or country, whoso annual receipts amount 
to three hundred dollars, or more, a tax of one per cent on 
the receipts. 

Mr. Leitch moved to amend said amendment by striking 
out " 300 dollars," and inserting " 500 dollars," which was 
not agreed to, and the amendment was agreed to. 

Mr. Wiggins now moved to amend the 7th paragraph of the 
same section by adding thereto as follows: "Every stud- 
horse and jackass let to mares for a price, belonging to a 
resident of the State, six dollars, unless the highest price 
demanded for the season for one mare shall exceed that sum, 
in v^'hich case the amount thus demanded shall be paid as 
a tax ; such jackass or stud to be listed and the tax paid in 
the county in which the owner resides," and said amendment 
was adopted. 

Mr. Ellis moved to amend the 9th paragrapli of the same 
section by striking out $1.50 and inserting $10, as the tax on 
pianos, which was not agreed to. 

Mr. Young moved to amend paragraph 11 of same section, 
by striking out the word " two " in line 63, and inserting 
" one," which was not agreed to. 

Mr. Holeman moved to amend by striking out the entire 
paragraph, and, upon this question, asked for the yeas and 
nays, and one fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Bagley, Copeland, Dickson, Faison, Harris, Kole- 
man, Matthews, Powell, Buss, Slaughter, Smith of Anson, 
Smith of Stanly, Warren, Whitford and Wooley — 15. 

Those who voted in the negative are, 



1862-^63.] SENATE JOURNAL. 129 

Messrs. Adams of Davidson, Adams of Guilford, Brown. 
Oarroway, Dickerson, Drake, Ellis, Eure, Jarratt, Lassiter. 
Leitch, Miirrill, Neal, Outlaw, Ramsay, Simpson, Sharpe. 
Shipp, Smith of Macon, Taylor of Chatham, White, Wiggins, 
Wright and Young— 24. 

So the motion did not prevail. 

Mr. Adams, of Guilford, moved to amend the 14th para- 
graph of same section, by striking out the word "purchases," 
in line 36 and in line 99, and inserting the word " sales," in 
each place, which was agreed to. 

Mr. Bagley moved to adjourn until to-morrow morning 10 
•o'clock, but the motion was not agreed to. 

Mr. Arendell moved to strike out paragraph 15 of same 
section, but the motion did not prevail. 

Mr. Young moved to amend section 68, by adding thereto 
this proviso : " Provided^ that the provisions of this act shall 
not apply to slaves who are permanently located, and hired 
year after year, beyond the limits of this State." * 

Pending which motion, Mr. Matthews, moved to adjourn 
until to-morrov/ 10 o'clock, A. M., and the Senate did s{» 
adjourn. 



WEDNESDAY, December IT, 1862. 

Mr. Warren, from the Committee on the Judiciary, made 
a report in pursuance of a resolution of instruction in rela- 
tion to the publication of all ordinances of the Convention 
which are of a Legislative character, and recommended that 
the following ordinances of said Convention be published, to- 
gether with the laws passed at the present session of the 
General Assembly, to wit : 

Ordinances, numbers 2, 3, 4, 20, 23, 27, 29, 30, 34, and 35, 
-which were passed by the Convention at its first session; Or- 
dinances, numbers 3, 8, 10, 16, IS, 19 and 20, which were 
passed at the second session ; Ordinances, numbers, 2, 4, 6. 
7, 8, 9, 10, 13, 14, 17, 21, 23, 24, 26, 27, 30, 32, 33, 34 and 35. 
9 



130 SENATE JOURNAL. [Session 

which were passed at the third session ; Ordinances, num- 
bers 1, 3, 4, 6, 9, 10, 12, 14, 16, 17, 18, 20, 21, 24, 27, 28, 29, 
32, 34, 35, 38 and 39, which were passed at the fourth session 
of the Convention. 

The report was adopted. 

Mr. Warren, from the same oomraittee, also reported hack 
the bill entitled " A bill to transfer the jurisdiction of the 
Courts of counties occupied or controlled by a public enemy," 
and asked to be discharged from its further consideration ; 
and the committee were discharged accordingly. 

Also, upon the bill entitled " A bill to provide for the pro- 
bate of wills, and granting letters of administration, when 
the county of the residence of the testators or intestates is in 
the possession of the enemy," and recommend amendments 
thereto; which amendments were adopted, the bill having 
been read a second time, as follows, to wit ; 

Strike out the word " hereinafter," in the 6th and 7th lines 
of Sec.*' 2d, and insert the word " hereinbefore ;" in the 13th 
line, strike out the word " transmitted," and insert the word 
•• transcribed ;" after the word " together," in the 6th line of 
the 5th Section, insert in brackets the words (" at the Court 
House when practicable") after the word "if" and before 
the word "any," in 3d line of Section 1, insert the word "in," 
and add the following Section : 8. " Be it furtJier enacted^ 
That this act shall be in force from and after its ratification." 

Mr. Lassiter moved to amend by adding this proviso : 
^'' Provided^ that the Governor, whenever upon proper proof 
of the necessity, may authorize the County Court of the coun- 
ty where any person or persons, having their residence for 
and during the war, to grant letters of administration, special 
or general, or take the probate of wills, and to be subject to 
the provisions of this act, in other respects as far as may be 
necessary to protect the estate of such intestate or testator 
and to transfer the records of such proceedings, to the coun- 
ty where such persons had their usual place of residence, be- 
tore the commencement of the war." It was not agreed to. 

Said bill as amended was recommitted on motion of Mr. 



1862-'63.] SENATE JOURNAL. 131 

Rarfisay, but subsequently said vote was/econsidered, oa mo- 
tion of Mr. Lassiter. 

A message was received from the House of Commons, that 
they transmit the following engrossed bills and resolutions, 
entitled to wit : 

" A bill to admit proof of the handwriting of attesting w^it- 
nesses in certain cases." 

" A bill authorizing the President and Directors of the 
Literary Fund of North-Carolina, to elect a treasurer," &c. 

" Resolution proposing to adjourn on the 22d of December, 
and meet on the 19th January, 1863. 

The resolution was read as follows : 

" Resolved^ That the Speakers of the two Houses of this 
General Assembly, close the present session on Monday 
morning, the 22d inst., at 5 o'clock, A. M., by adjourning 
their respective Houses until 11 o'clock, A. M., of Monday, 
the 19th day of January next." 

Mr. Smith, of Macon, moved to lay on the table. Not 
agreed to. 

Mr. Graham moved to amend by striking out "19th Jan- 
uary, 1863," and inserting " July 1st, 1863." 

Mr. Brown called for a division of the question, and the 
question being upon striking out "19th January, 1863," Mr. 
Brown also asked for the yeas and nays and oue-fifth agree- 
ing : 

Those who voted in the affirmative are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Brown, 
Drake, Faison, Graham, Harriss, Holeinan, Lassiter, Leitcb, 
Murrill, Powell, Russ, Simpson, Smith, of Macon, Taylor, of 
Chatham, White, Wiggins and Wright — 19. * 

Those who voted in the negative are, 

Messrs. Bagley, Carroway, Copeland, Dickerson, Eure, 
Jarratt, Lindsay, Matthews, Neal, Outlaw, Ramsay, Sanders, 
Sharpe, Shipp, Slaughter, Smith, of Anson, Smith, of Stanly, 
Warren, Whitford, Wooley and Young — 21. 

So the Senate refused to strike out and the resolution was 
adopted. 



132 SENATE JOtfRKAL. [Sessiori 

On motion of Rfr. draliam, a message was sent to the 
ilouse of Commons, that tlie Senate proposes to go into an 
election for Solicitor of the 4th judicial Circuit, at 11-| o'clock. 

Mr. Baglej moved as an amendment to the foregoing mo- 
tion, that a message be sent to the House ot Commons, that 
the Senate proposes td go into an election for Adjutant Gen- 
eral at 1 o'clock, which was not agreed to. 

Mr. Ilainsay moved that a message be sent to the House 
of Commons, that the Senate proposes that ihe two Houses 
vote by joint ballot, at 1 o'clock, on' a motion to adjourn at 5 
o'clock, A. M,, on Monday the 22d inst., to meet again on 
Monday the 19th day of January, 1863, and that those voting 
for the proposition shall write the word "adjourned," on their 
tickets, and those voting against it, shall write on their tickets 
" not adjourned." And it was not agreed to. 

Mr, Baglcy, moved, to send a message to the House of 
Commons, that the Senate proposes to go into an election for 
Adjutant General, at 1 o'clock, w^hen Mr. Graham moved to 
lay the motion on the table, which latter motion prevailed. 

Mr. Young introiduced a resolution, having given notice 
thereof on j^esterday, to wit : 

" Resolved, That this House will meet at 10 o'clock, A.M., 
and adjourn at 2 o'clock, P. M. : and that it will meet again 
at 7 o'cL)ck V. M., and adjourn at 9|- o'clock P. M., until 
otherwise ordered, :\nd that this resolution go into effect tlnV 
day. 

Mr. Outlaw moved to amend by striking out all after the 
words "meet at 10 o'clock A. M.," and insert, "and adjourn 
at 3|- o'clock, P. M.,'^ wdiich was not agreed to. 

Mr. Sharpe moved to amend by striking out " 7 o'clock. 
P. M.," and inserting "4 o'clock, P. M. ;" also, by striking 
out " 9.^- o'clock P. M.j" and inserting " 7 o'clock, P. M." 

Mr. Outlaw moved to amend the amendment by striking 
nut " 7 o'clock, P. M.," and inserting " G o'clock, P. M.," 
which was not agreed to; and the question being on the 
amendment-, it was ilot agreed to. 

The resolution was adopted. 



3lS62-'63.] senate JOURNAL. 133 

A. message was i-eceived from the House of Commons, that 
they agree to the proposition of the Senate to go into an elec- 
tion for Soh'citor of the 4th Judicial Circuit, at 11|- o'clock, 
and appoint Messrs. Carpenter and Grier, to superintend on 
their part said election, and also inform the Senate that M. Q. 
Waddell, Esq., has been placed in nomination therefor. 

The Speaker announced Messrs. Simpson and Adams, of 
Davidson, as the Committee on the part of the Senate. 

The Senate proceeded to vote, as follows: 

For Thomas Setile : — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Arendell, Bagley, Brown, 
Carrowaj'-, Copeland, Dickerson, Eure, Graham, Holeman, 
Jarratt, Lassiter, Lindsaj, Leitch, Matthews, Murrill, Neal, 
Ramsaj, Russ, Sanders, Simpson, Sharps, Shipp, Slaughter, 
Smith, of Anson, Smith, of Macon, Smith, of Stanlj, Warren, 
Whitford, Wiggins, Wooley, Wright and Young, — 35. 

For M. Q. Waddell : — Messrs. Dickson, Drake, Faisou, 
Harriss, Powell and White, — Q. 

A message was received from the House of Commous, that 
they propose to the Senate to go into an election for Adjutant 
General, at 12 o'clock to-day ; and that Daniel G. Fowle^ 
John Randolph, R, C. Duvall, R. H. Cowen, C. P. Bryson 
and W. E. Mann, are in nomination. 

Mr. Eure moved to lay the message on the table, and one- 
tifth agreeing to, a call for the yeas and nays, which were 
asked thereon; 

Those who voted in the affirmative, are, 

Messrs. Adams, of Guilford, Arendell, Dickerson, Graham, 
Holeman, Jarratt, Lassiter, Murrill, Neal, Ramsay, Russ. 
Sharpe, Shipp, Smith, of Anson, Smith, of Macon, Taylor, of 
Chatham, Warren, Wright and Young — 19, 

Those who voted in the negative, are, 

Messrs. Bagley, Brown Carroway, Copeland, Dickson. 
Drake, Eure, Faison, Harris, Lindsay, Leitch, Matthews, 
Outlaw, Powell, Slaughter, Smith, of Stanly, Whitford, White. 
Wiggins and Wooley — 20. 

So the motion did not prevail- 



lU SENATE JOURNAL. [Session 

Mr. Matthews moved to reconsider the vote just given, 
which was agreed to, and the motion to lay on the table was 
agreed to. 

A message was received from the House of Commons that 
they propose to the Senate to go into an election for Attorney 
General at 12-^ o'clock, and that Wm. A. Jenkins, Sion H. 
Kogers and H. A. Gilliam are in nomination therefor, and 
they have appointed as the Committee on their part to super- 
intend the election, Messrs. Carter and Fleming. 

Mr. Ramsay moved to lay the proposition on the table, and 
it was agreed to. 

Mr. Ramsay moved that a message be sent to the House of 
Commons that the Senate proposes to go into an election for At- 
torney General at 1 ^ o'clock P. M., and Mr. Outlaw nomina- 
ted H. B. Hardy, Esq., therefor. The motion was agreed to. 

Mr. Smith, of Macon, moved to postpone the order of the 
day, and take up from the table the bill entitled " A bill to 
amend the 1st, 12th and 23rd sections of chapter 17 of the 
Acts for 1860 and '61," and it was agreea to. 

Said bill was read a second time, when Mr. Graham moved 
to amend by adding the following: 

Sec. 3rd, " The Adjutant General shall be appointed by the 
Governor in the same manner with other membersW his 
staff, and shall hold his office for tlie term of two years, unless 
sooner removed by the Governor." 

Which was agreed to, and the bill as amended passed. 

The rules were suspended, on motion of Mr. Brown, when 
said bill was read a third time, and upon its passage, the yeas 
and nays were asked by Mr. Bagley ; one-fiftb agreeing: 

Those who voted in the affirmative, are, 

Messrs. Adams of Davidson, Adams, of Guilford, Arendell 
Brown, Dickson, Dickerson, Graham, Holeman, Jarratt, Las- 
siter, Leitch, Lindsay, Matthews, MiirriH, Neal, Ramsay, 
Russ, Sanders, Simpson, Sharpe, Shipp, Smith, of Anson, 
Smith, of Macon, Taylor, of Chatham, Warren, Wooley, 
Wright and Young— 28. 

Those who voted in the negative, are, 



1862-^63.] SENATE JOUENAL. 135 

Messrs. Bagley, Carroway, Copeland, Drake, Ellis, Enre, 
Faison, Harris, Outlaw, Powell, Slaughter, Whitford, "White, 
and Wiggins — 14. 

So the bill passed. 

Mr. Ramsay moved to reconsider, and lay that motion on 
the table ; which was agreed to. 

A message was received from the House of CommoDS, that 
they agree to the proposition of the Senate, to go into an 
election for Attorney General at If- o'clock, P. M., and 
appoint Messrs. Carter and Flemming, committee on their 
part to superintend said election. 

The Speaker announced Messrs. E.uss and Drake as the 
committee on the part of the Senate. 

Mr. Lassiter introduced a bill entitled ^' A bill regulating 
the service of Process on the Southern Express Company," 
which was read first time. 

A message was received from the House of Commons that 
they transmit to the Senate a communication from the Public 
Treasurer with accompanying reports and propose to print 
said reports, which was agreed to. 

Also a message that they transmit "Resolutions declaring 
the offices of Adjutant General, Attorney General and Solici- 
tor of the fourth Judicial Circuit vacant ;" " Resolution in favor 
of T. E. and C. W. Skinaer, Jr.," and " An act araendators' 
of the law in relation to SheriflTs bonds," duly enrolled and 
signed by the Speaker of the House of Commons and the 
same were signed by the Speaker of the Senate. 

Mr. Eure introduced a bill entitled "A bill to authorize and 
require the Quartermaster of the State to pay commutation 
money to the soldiers of North Carolina, for boots and shoes," 
which was read lirst time. 

Mr. Lindsay introduced a bill entitled " A bill continuing 
in force 1st section of an ordinance entitled 'An ordinance 
concerning the collection of taxes in certain counties' passed 
the fourth session of the State Convention," which was read 
first time. 

Mn Sharpe introduced & bill entitled " A bill to rate articles 



136 SENATE JOURNAL. [Session 

of prime necessity in the several counties of the State," which 
was read first tinne. 

Mr. Simpson, from llie Committee appointed to superin- 
tend the election of Solicitor for the fourth Judicial Circuit, 
reported that Thomas Settle, received a majority of the 
whole number cast, and is elected. 

The-order of the day being the "Bill to be entitled ^Rev- 
enue,'" was taken up, the pending question being on the 
amendment proposed by Mr. Yonng, 

Mr. Murrill moved to amend the amendment by adding 
thereto as follows : " And, provided further, that slaves who 
have been removed from the vicinity of the enemy and hired 
out in the interior or Western part of this State, shall be 
considered as belonging to refugees and listed by the hirer, 
which was not agreed to, and the amendment was not 
adopted. 

Mr. Wiggins moved to amend section 60 by striking out in 
line 2, the word " free," and insert the word " taxable," which 
Avas agreed to. 

Mr. Lindsay moved to strike out the entire section, (60,) 
but it was not agreed to. 

Mr. White moved to amend section 62 by inserting in 
line 4, after the word " and," as follows : "Among which 
shall be enumerated the nett profits made during the year 
preceeding the 1st day of April, by all persons, by specula- 
tions in cotton, tobacco, corn, wheat, flour, bacon, or any 
other article of prime necessity, or on contracts with the 
Confederate or State Governments, twenty-five per cent on 
the profits so made, except those who have contracts with 
the Confederate or State Governments on articles actually 
bought and manufactured to comply with said contracts. 

The latter clause was proposed by Mr. Eure and accepted 
before Mr. Young moved to amend by striking out the words 
" or on contracts with the Confederate or State Governments," 
which was not agreed to. 

Mr. Brown moved to amend by striking out the words 
■' cotton and tobacco," which was not agreed to. 



1862-'63.] SENATE JOURNAL. 137 

Mr. Murrilf moved to amend by inserting after the words 
" prime necessity," words as follows : " and pay as a tax the 
whole of the profits over ten per cent.," which was not agreed 
to. 

The question recurring on the amendment of Mr. "White, 
lie asked for the yeas and nays, and one-ti.fth agreeing : 

Those who voted in the aiSrmative are, 

Messrs. Adams, of Guilford, Arendell, Bagley, Carroway, 
Dickson, Dickerson, Ellis, Eure, Faison, Harris, Lassiter, 
Outlaw, Sanders, Sharpe, Slaughter, Smith, of Anson, Smith, 
of Stanly Taylor, of Chatham, Warren and White — 20. 

Those who voted in the negative are, 

Messrs. Adams, of Davidson, Brown, Oopeland, Graham, 
Holeman, Jarratt, Lindsay, Leitch, Matthews, Murrill, Neal, 
Powell, Ramsay, Simpson, Smith, of Macon, Whitford, 
Wiggins, Wooley, Wright and Young — 20. 

The Speaker voted in the negative. 

So it was not agreed. 

The Senate now proceeded to vote for Attorney General 
as follows : 

For S. H. RoGEES — Mr. Speaker, Messrs. Adams, of David- 
son, Adams, of Guilford, Brown, Dickerson, Graham, Jarratt, 
Leitch, Matthews, Neal, Ramsay, Russ, Sanders, Sharpe, 
Shipp, Smith, of Anson, Smith, of Macon, Smith, of Stanly, 
Taylor, of Chatham, and Wooley — 20. 

For Wm. a. Jenkins — Messrs, Carroway, Copeland, Dick- 
son, Drake, Ellis, Faison, Harris, Holeman, Powell, Simpson, 
Whitford, White and Young— 13. 

For H. B. Hardy — Messrs. Bagley, Lindsay, Outlaw, 
Slaughter, Wiggins and Wright — 6. 

For H. A. Gilliam — Messrs. Arendell, Eure, Lassiter and 
Warren — 4. 

For. Hon. Geo. E. Badger — Mr. Murrill. 

Mr. Ellis moved to amend section 62 by adding this proviso : 

''^ Provided^ That nothing contained in this act shall be con- 
strued to apply to any soldier in the military service whose 
property does not exceed in value the sum of one thousand 



138 SENATE JOURNAL. [Session 

dollars ; " and upon this question he asked for the yeas and 
nays, and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Arendell, Brown, Drake, Ellis, Eure, Faison, Har- 
ris, Holeman, Murrill, Sanders, Slaughter, Smith, of Anson. 
Smith, of Stanly, Taylor, of Chatham, White and Wright — 16. 

Those who voted in the negative, are, 

Messrs. Adams, of Guilford, Bagley, Carroway, Copeland, 
Dickson, Dickerson, Graham, Jarratt, Lindsay, Leitch, Mat- 
thews, Neal,Outlaw, Powell, Ramsay, Simpson, Sharpe, Shipp, 
Smith, of Macon, Warren, Whitford, Wiggins, Wooley and 
Young — 24. 

So the motion did not prevail. 

Mr. Drake, from the Committee to superintend the election 
of Attorney General, reported that no one having received a 
majority of the whole number of votes cast, there is no election. 



Evening Session — Seven o'clock^ P. M. 

Mr. Ramsay moved to strike out of Section 68, of the bill 
to be entitled " Revenue," the words in parenthesis (" twelve 
justices being present ;") which was agreed to. 

Mr. Shipp moved that a message be sent to the House of 
Commons, that the Senate proposes to go into an election for 
Attorney General forthwith, and it was agreed to. 

A message was received from the House that they agree 
to the foregoing proposition, and appoint Messrs. Mann of 
Pasquotank, and Costner, as the committee on their part, to 
superintend the election ; and the Speaker announced as the 
committee on the part of the Senate, Messrs. Shipp and Elllis. 

The Senate proceeded to vote as follows : 

For S. H. Rogers. — Mr. Speaker, Messrs. Adams of Da- 
vidson, Adams of Guilford, Arendell, Bagley, Brown, Dick- 
son, Dickerson, Eure, Faison, Jarratt, Lassiter, Leitch, Mat- 
thews, Mnrrill, Neal, Ramsay, Russ, Sanders, Simpson, 
Sharpe, Shipp, Smith of Anson, Smith of Macon, Smith of 



1862-'63.] SENATE SOURNAL. 139 

Stanly, Taylor of Chatham, Taylor of Nash, Warren, Whit- 
Ibrd, Wooley and Young — 31. 

For Wm. a. Jenkins. — Messrs. Carroway, Ellis, Holeman, 
Powell, White and Drake — 6. 

For H. B. Haedy. — Messrs. Slaughter and Wiggins — 2. 

Mr. Wiggins moved to amend Section 76 of the bill to be 
entitled "Revenue," by striking out in line 2 the word 
" and " and the number " 26," and inserting the word " and " 
between numbers 24 and 25 in same line ; which was agreed 
to. Also, to amend Section 78, by striking out the word 
" three " in line 2, and inserting the word " two ;" which 
was agreed to. 

Mr. Sanders moved to amend Section 80, by striking out 
Ist clause in paragraph 3, to wit : " every marriage license 
one dollar ; which was not agreed to. 

Mr. Murrill moved to amend 4th paragraph in same sec- 
tion, by striking out words "' one quarter of" before the words 
" one per cent." in line 30 ; which was agreed to. 

Mr, Wright moved to amend Section 90, by striking out in 
line 5 the words " and four per cent." and inserting the words 
" and live per cent.;" which was not agreed to. 

Mr. Smith of Macon, moved to amend the 102 Section, by 
adding as follows : Provided nothing herein contained shall 
be construed as repealing existing laws authorizing the ap- 
pointment of tax collectors in certain counties, and all tax 
collectors so appointed shall be subject to all the provisions 
of this act, as fully as sheriffs are declared to be ; which was 
agreed to, and the bill, as amend'id on its second reading, 
passed. 

Mr. Shipp from the committee appointed to superintend 
the election for Attorney General, reported that Sion H. 
Rogers, Esq., received a majority of the whole number of 
votes cast, and is elected. 

A message was received from the House of Commons, that 
they transmit to the Senate engrossed bills entitled, to wit : 

"A bill to incorporate the Unacoy and Hi a wassee Turn- 
pike Company, in the Counties of Cherokee and Clay," and 



140 SENATE JOURNAL. [Session 

" A bill to be entitled ' An act to provide ways and means 
for supplying the Treasury.' " The former was read first 
time, and the latter was also read first time, when Mr. Wiggins 
moved to suspend the rules; which was agreed to, and the 
same was read a second time, when on motion of Mr. War- 
ren, its further consideration was postponed until to-morrow, 
12 o'clock, for which day and hour it was made the special 
order. 

A message was received from the House of Commons, that 
they transmit the following bills and resolutions duly enrolled 
and signed by the Speaker of the House, and the same were 
signed by the Speaker of the Senate, as follows, to wit : 

An act to construct a Railroad from Dallas in Gaston 
County, via Lincolnton, to Newton in Catawba County; 

Resolution in favor of S. S. Hicks ; 

An act to amend the charter of the Atlantic, Tennessee 
and Ohio Railroad ; 

An act to amend the charter of the Bank of Lexington 
and establish the Bank of Graham ; 

An act to amend an act entitled "Militia Bill, ratified the 
30th day of September, 1SC>1 ;" 

An 'act for the benefit of Justices of the Peace, refu- 
gees from their Counties ; 

An act to amend the 0th and 12th sections of chapter 
101, of the Revised Code, entitled "Roads, Ferries and 
Bridges ; " 

Resolution on printing the Inaugural Address of his Ex- 
cellency, the Governor; 

An act to change the place of comparing the polls in the 
4-lth Senatorial District; 

An act to prohibit the distillation of spirituous liquors ; 

An act to amend the charter of the Cheraw and Coal- 
tields' Railroad Company, as amended by an ordinance of 
the Convention ; 

Resolution in favor of Solomon Pool ; 

An act supplementary to an act passed at the present 
session of the General Assembly and ratified on the 9tli day 



1862-»63.] SENATE JOURNAL. 141 

of Deceinber, 1862, entitled an act to amend the ordinance 
•if tlie Convention entitled "An ordinance to make some pro- 
vision for the families of soldier's dying in the service, ratified 
the 22d day of February, 1862, and for other purposes;" 

An act to amend an act ratified the 25th day of February, 
1861, entitled, " An act to incorporate the Bank of Western 
North-Carolina; " 

An act to establish the Bank of Lincolnton ; 

An act to provide for the better management and repair of 
the Western Turnpike Road, and rebuilding and repairing 
certain bridges on the same ; 

Resolution instructing our Senators and requesting our 
Representatives in Congress to urge a repeal of certain clauses 
of the Military Exemption Act of the Confederate Congress ; 

An net to allovr further time for the registration of grants, 
conveyances and other instruments. 

Also, a message, that they transmit an engrossed bill, en- 
titled, " A bill to raise ten thousand volunteers for the de- 
fence of the State," which was read first time. 

The following engrossed bills were read ^rst time, to wit : 

"A bill authorizing the President and Directors of the Li- 
terary Fund of North Carolina, to elect a Treasurer," which 
Was referred to the Committee on Education, on motion of 
Mr. Outlaw ; and " A bill to admit proof of the hand writ- 
ing of attesting witnesses in certain cases," which was refer- 
red to the Committee on the Judiciary, on motion, also of Mr. 
Outlaw. 

Mr. Wright for the Committee on the Judiciary, reported 
upon the bill entitled, " A bill for the relief of persons who 
have over paid, or who may hereafter, over pay, taxes, and 
recommended that it do not pass. 

Mr. Warren, from the same Committee, reported upon the 
bill entitled, " A bill to perfect certain grants in favor of 
Win. and Peyton Colvard," and recommended that it do pass. 

Mr. Warren moved to suspend the rules, which was agreed 
to , and said bill was read a second and third times, and 
passed. 



142 SENATE JOURNAL. [Session 

Mr. Wright moved to take up the resolutions reported hy 
liim from the Joint Select Committee on the message of His 
Excellency, the Governor, relating to the seizure of Kailroad 
Iron, &c ; and said resolutions were read and amended, by 
adding the words at the end of resolution 2d, " it being the 
property of the State," and adopted. 

The engrossed bill entitled, " A bill in reference to work 
houses," was read a third time and rejected. 

The engrossed resolutions entitled, " Resolutions on the 
' Roll of Honor ;' " and engrossed bill entitled, "A bill to alter 
the time of holding the Superior Courts of Law and Equity 
in the 6th Judicial Circuit," were read a second time and 
passed. 

The hour of 9^ o'clock, having arrived, the Senate adjourn- 
ed until to-morrow, 10 o'clock A. M. 



THURSDAY, Decembek 18, 1862. 

The following bills and resolutions duly enrolled and re- 
ported to the Senate, were transmitted to the House of Com- 
mons, to wit : 

An act to incorporate the Swift Island Gold Mining Com- 
pany ; 

An act in relation to the Richmond Manufacturing Com- 
pany ; 

An act to amend the Charter of the Western Plankroad ; 

An act to incorporate the Macon Leather Company, in the 
town of Macon ; 

Resolution in favor of Benj. Fitzrandolph ; 

Resolution in favor of John Blaylock ; 

Resolution in favor of Joseph Welch ; and the same having 
been signed by the Speaker of the House of Commons, were 
returned, and signed by the Speaker of the Senate. 

Mr. Russ presented a memorial from sundry citizens of 
Common School District, of Wake County, No. 65, which 



1362-'63.] SENATE JOURNAL. 143 

was referred, on his motion, to the Committee on Proposi- 
tions and Grievances. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported upon the bill entitled, " A bill in rela- 
tion to the Justices of Johnson County," and recommended 
amendment thereto ; also, reported back the bill entitled, 
*' A bill to continue in force the Ordinance of the Conven- 
tion providing for an increase of the salaries of the Comptrol- 
ler and Secretary of State, passed and ratified the 9th day of 
May, A. D., 1862,^' and asked to be discharged from its fur- 
ther consideration ; and the committee were discharged ac- 
cordingly. 

Mr. Wright, from the Joint Select Committee, to whom 
was referred the bill entitled, " A bill for the relief of per- 
sons in custody, not in the military service," reported upon 
the same, and recommended an amendment thereto. 

Mr. Wiggins, from the committee on Finance, reported 
back the resolutions, entitled, " Resolutions relating to the 
currency," and asked to be discharged from their further con- 
sideration, and the committee were so discharged. 

The engrossed bill entitled, "A bill to amend the 1st, 12th 
and 23rd Sections of Chapter 17 of the Acts of 1860-'61 ;*' 
and the bill entitled, "A bill for the relief of such persons as 
may suffer from the burning of the court house and records 
of Hertford county," were sent to the House of Commons for 
their action ; also, " Resolutions protesting against the seiz- 
ure of Iron by the Contederate Government, belonging to 
the State of North Carolina, and now in possession of Wil- 
mington, Charlotte and Rutherford Railroad Company." 

Mr. Ramsay, from the Comraif-ee on Claims, reported 
upon the following bills and resolutions, recommending their 
passage, to wit : 

A resolution in favor of M. L. Brittain ; 

Resolution in favor of Capt. J. S. Ives ; 

A bill to allow M. L. F. Redd, late Sheriff of Onslow 
county, to collect taxes due him ; 



144 SENATE JOURNAL. [Scssios 

A bill in favor of Thomas J. Carr, late Sheriff of Duplin 
county ; also, upon 

JResolution in favor of T. H. Hill, recommending that it do 
not pass ; 

Resolution in favor of Wm. Kornegay, asking to be dis' 
charged from its further consideration, and discharged accord- 
ingly ; and upon 

A bill authorizing the Public Treasurer to re-pay the 
bounty money refunded or Vv^ithheld from men discharged 
undur the Conscript Act of April 21, 1862, asking that it be 
I'eferred to the Committee on Propositions and Grievances J 
and it was so referred. 

Mr. White presented a memorial from sundry citizens of 
Gaston county, apd introduced a bill entitled " A bill to 
incorporate the town of Dallas, in the county of Gaston," 
which was read first time and referred with said memorial^ 
on his motion, to the Committee on Corporations. 

Mr. Slaughter introduced a resolution instructing the Joint 
Committee on Military Affairs to report a bill to provide for 
the pay of Militia Officers, who act as enrolling officers for 
the Confederate States in taking up conscripts and deserters. 
Adopted. 

Mr. Faison introduced a resolution entitled " Resolution in 
favor of G. W. Grumpier, late Sheriff of Sampson," which 
was read first time, and referred, on his motion, to the Com' 
mittee on Propositions and Grievances. 

On motion of Mr. "Warren, " Resolution in favor of Capt. 
J. S. Ives " was taken np and read second time and passed, 
when the rules were suspended, and the same was read a 
third time and passed. 

On motion of Mr. Sharpe, the engrossed bill entitled " A 
bill to alter the time of holding the Superior Courts of Law 
and Equity in the Sixth Judicial Circuit," was taken up and 
read third time, and the bill passed, and is ordered to be en- 
rolled. 

Mr. Graham moved to take up the resolution entitled 
" Resolution in relation to the seizure and transportation from 



1862-'63.] SENATE JOURNAL. 145 

the State of R. J. Graves, a citizen of Orange county," 
which was agreed to, and said resolution was read and the 
question being on the adoption thereof, Mr. Ramsay asked 
for the yeas and nays ; one-fifth agreeing : 

Those who vQted in the affirmative, are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 
Bagley, Brown, Carroway, Copeland, Dickson, Dickerson, 
Drake, Ellis, Eure, Faison, Graham, Harris, Holeman, Jarratt, 
Lassiter, Leitch, Matthews, Murrill, Neill, Outlaw, Powell, 
Ramsay, Russ, Simpson, Sharp, Shipp, Slaughter, Smith, of 
Anson, Smith, of Macon, Smith, of Stanly, Taylor, of Chat- 
ham, Taylor, of Nash, Warren, Whitford, Wiggins, Wooley, 
Wright and Young — 41. 

So the resolution was unanimously adopted. 

On motion of Mr. Warren, the engrossed bill entitled " A 
bill to provide for the probate of wills, and granting letters of 
administration when the county of the residence of the 
testators, or intestates is in the hands of the enemy," was 
taken up and read a second time. 

Mr. Lassiter moved to amend by adding to Section 1, as 
follows : " Provided^ Tliat the County Court of the County 
where any executor or executrix may have his or her actual 
residence, shall have full power to take probate of wills and 
grant all orders necessary to the due execution of the same," 
and the amendment was adopted, the bill as amended passed, 
the rules were suspended, and it was read a second and third 
time and passed. 

Mr. Graham moved that a message be sent to the House 
of Commons that the Senate proposes to go into an election 
for nine Trustees of the University at 2>\ o'clock, which 
motion was laid on the table, on motion of Mr. Brown. 

Mr. Shipp, from the Joint Select Com-mittee on the Mes- 
sage of the Governor, in relation to salt, &c., reported a bill 
entitled "A bill in relation to the supply of salt," which was 
read first time, when, on motion of Mr. Smith, of Macon, the 
rules were suspended, and the same was read a second and 
third time and passsed. 
10 



146- SEI^ATE JOUKN'AL. [Session 

Mr. Leitch moved to reconsider the vote by which the 
foregoing bill passed, and to lay that motion on the table, 
which was agreed to. 

The order of the day being " A bill to be entitled ' An act 
to provide ways and means for supplying the Treasury,'" was 
read a second time. 

Mr. Adams, of Guilford, moved to amend by striking out, 

at the end of Section 1, the number "1866," and inserting 

number " 1870," which was not agreed to, and the bill passed. 

On motion of Mr. Graham, the rules were suspended, and 

said bill was read a third time and passed. 

A message v/as received from the House of Commons that 
they propose to go into an election for nine Trustees of the 
University, at 1 o'clock to-day, and ask the concurrence of 
the Senate. 

Mr. Brown moved to lay on the table and it was agreed to. 
The bill to be entitled " Revenue " was read a third time. 
Mr. Graham moved to strike out paragraph 2 of Section 1, 
and insert the words of the paragraph of the bill as recom- 
mended by the Committee on Finance. 

On this question Mr. Murrill called for a division of the 
question, and the vote being upon the question " to strike out 
paragraph 2 as amended," Mr. Outlaw asked for the yeas 
and nays, and one-tifth agreeing : 
Those who voted in the affirmative are, 
Messrs. Dickerson, Brake, Graham, Holeman, Jarratt, 
Matthews, E"eal, Eamsay, Simpson, Sharpe, Smith, of Macon, 
and Taylor, of Chatham. — 12, 

Those who voted in the negative are, 
Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 
Bagley, Brown, Carroway, Copeland, Dickson, Ellis, Eure, 
Faison, Harris, Lassiter, Leitch, Murrill, Outlaw, Russ, Shipp, 
Slaughter, Smith, of Anson, Smith, of Stanly, Taylor, of 
Kash, Warren, Whitford, White, Wiggins, Wooley, Wright 
and Young — 29. 
So the Senate refused to strike out. 



lS62-'63.] SEISTATE JOUmSTAL. 147 

Mr. Adams, of Guilford, moved to amend the 4th para- 
graph of section 1, by adding this proviso, to wit: 

''''Provided^ That no Stockholder shall be required to give 
in stock which has paid no dividend the previous year." It 
was not agreed to. 

Mr. Toung moved to amend section 58, by adding this 
proviso: '''■Provided^ that the provisions of this act shall not 
apply to owners of slaves, who have permanently located 
said slaves beyond the limits of the State, and hire them from 
year to year in other States ; " which was agreed to. 

Mr. Arendell moved to amend section 2, by adding thereto 
these words, to wit : " and boats, canoes, nets or seines, of 
the value of one hundred dollars or less ; " which was 
agreed to. 

Mr. Murrill moved to amend by striking out "one hundred 
dollars " in section 52, paragraph 15 ; which was not agreed to. 

Mr. Slaughter moved to amend said paragraph, 15, by 
inserting after the word " deceased," in line 105, the words 
"^ not being a resident of the State ; " which was not agreed 
to, and Mr. Slaughter then moved to strike out said para- 
grah, and it was not agreed to. 

Mr. Wiggins moved to strike out from section 62, all after 
the word " taxables," in. line 6 ; which was not agreed to. 

Mr. "Wiggins also moved to strike out number " 62," in 
line 3, of section 63, and the same number " 62," in section 
64, line 2, and the same was agreed to. 



Evening Session — Seven o^dock^ P. M. 
Mr. Murrill moved to amend section 69, of the bill to be 
entitled, "Eevenue," by adding paragraph 28, to wit: "Eve- 
ry person who has bought and sold for speculation any corn, 
pork, bacon, rice. Hour, wheat, potatoes, or any other article 
of prime necessity, a tax of the whole of his profits made on 
such articles, over twenty-five per cent.," and on this amend- 
ment asked the yeas and nays, and one-fifth agreeing : 



148 SENATE JOUEXAL. [Session 

Those who voted in the affirmative are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 
Bagley, Carrawaj, Dickson, Ellis, Faison, Harriss, Murrill, 
Sharpe, Smith, of Anson, Taylor, of Chatham, Whitford and 
Wooley — 15. 

Those who voted in the negative are, 

Messrs. Brown, Dickerson, Graham, Holeman, Jarratt, 
Lassiter, Leitch, Matthews, Neal, E,amsay, Simpson, Shipp, 
Smith, of Macon, Smith, of Stanly, Wiggins, Wright and 
Young — 17. 

So the amendment was not adopted. 

Mr. Bagley moved to amend section 63, paragraph 11, by 
striking out in line 63, the word " two" and inserting "five," 
and upon this question asked the yeas and nays, and one-fifth 
agreeing : 

Those who voted in the affirmation are, 

Messrs. Bagley, Copeland, Faison, Harris, Holeman, Mat- 
thews, Slaughter, Warren and Wooley — 9. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell. 
Brown, Carroway, Dickson, Dickerson, Ellis, Graham, Jar- 
ratt, Lassiter, Leitch, Murrill, Neal, Eamsay, liuss, Simpson, 
Sharpe, Shipp, Smith of Anson, Smith of Macon, Smith of 
Stanly, Taylor of Chatham, Whitford, White, Wiggins, 
Wright and Young — 28. 

So the amendment w^s not adopted. 

Mr. Slaughter moved to insert before the word " dogs " in 
section 52, paragraph 11, the words "sheep killing," and it 
was not agreed to. 

Mr. Holeman moved to amend as follows : Provided^ that 
said dogs shall be taxed in classes, to wit : " Lap dogs and 
rat terriers shall be taxed one dollar, pointers and setters two 
dollars, each cur and bull three dollars, and hounds fifty cents 
each," and it was not agreed to. And the bill passed. 

A message was received from the House of Commons, that 
they transmit to the Senate engrossed bills and resolutions, 
entitled as follows, to wit : 



1S62-'63.] SENATE JOURNAL. 149 

"Resolution in relation to the exchange of salt;" 

" Resolution in favor of Drury King ; and 

•' Resolution in favor of Rufus Galloway and his sureties ;'"* 
which were read first time, and the latter resolution, the rules 
having been suspended, on motion of Mr. Ellis, was read a 
second and third times and passed. 

" A bill to alter the times of holding the Superior Courts 
of Law and Equity in the sixth Judicial Circuit ; which was 
read first time and laid on the table. 

" A bill to amend an act entitled ' An act for the relief of 
the Banks and the people ;' " 

"A bill concerning the county of Mitchell;" 

"A bill in favor of J. H. Allen ;" 

" A bill to enable the incorporated towns of this State to 
lay additional taxes ;" and 

" A bill to amend an act of the second extra session of the 
General Assembly, chapter 5, entitled 'An act to enlarge the 
powers of the County Courts for raising revenue for county 
purposes.' " 

Mr. Smith of Macon, moved to re-consider the vote by 
which the bill to be entitled "Revenue" was passed, and to 
lay that motion on the table, and it was so agreed. 

Mr. Smith of Macon, also moved that a message be sent 
to the House of Commons, that the Senate proposes to go 
into an election for five Directors of the Insane Asylum ; 
which was not agreed to. 

Mr. Graham gave notice that on to-morrow he would move 
to rescind the resolution adopted in relation to adjournment, 
and introduce another in relation thereto. 

Mr. Young moved to re-consider the vote by which was 
passed the resolutions relating to the seizure of Railroad Iron 
belonging to the State, and now in possession of the Wil- 
mington, Charlotte, & Rutherford Railroad Company; and 
upon this question asked for the yeas and nays, and one-fifth 
agreeing : 

Those who voted in the affirmative, are, 

Messrs. Adams, of Guilford, Arendell, Brown, Dickson, 
Dickerson, Ellis, Eure, Faison, Harris, Holeman, Murrill, 



150 SENATE JOUENAL. [Session 

Kamsay, Simpson, Sharpe, Smith, of Stanly, Whitford and 
Young — 17. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Carroway, Graham, Jarratt, 
Lassiter, Leitch, Matthews, Neal, Euss, Shipp, Slaughter, 
Smith, of, Macon, Taylor, of Chatham, "Warren, Wiggins, 
Wooley and Wright — 18. 

So the motion did not prevail. 

The bill entitled " A bill in reference to the county of 
Johnston," was read a second time, and the amendment, as a 
substitute, recommended by the Committee on Propositions 
and Grievances, was adopted, to wit : strike out all after en- 
acting clause and insert as follows : " That it shall and may 
be la>vful hereafter, when a majority of the Justices of the 
Peace of any county in the State of iN'orth Carolina can not 
be obtained, that one-third of the whole number in any 
county shall be authorized and empowered to transact all 
county business, which now by law requires a majority of the 
whole number," and the bill as amended passed. 

The bill entitled " A bill for the relief of persons in custody, 
not in the military service," was read a second time, and this 
amendment recommended by the Committee, to wit : Fill the 
first blank in sec. 1 with " one thousand dollars " and add " or 
may be imprisoned at the discretion of the Court," was 
adopted. 

Mr. Warren moved to amend sec. 2, by inserting in line 3, 
words ''affidavit of," before the words " the Sheriff; " which 
was agreed to. 

Mr. Warren also moved to fill the blank at the end of sec- 
tion 1st with five hundred dollars, pending which motion, and 
after some discussion, the hour of 9J o'clock arrived, and the 
Senate adjourned until 10 o'clock A. M. to-morrow. 



FRIDAY, December 19, 1862. 
Prayer by Rev. Mr. Hardie. 
Mr. Graham introduced a resolution authorizing " the Chief 



1862-^63.] SENATE JOURNAL. 151 

Clerk to employ such additional Clerks as may be necessary 
to engross the bill to be entitled ' Revenue,' passed by the 
Senate, as early as practicable ; " which was adopted. 

A bill and a resolution engrossed, entitled " A bill in rela- 
tion to the supply of Salt," and " Resolution in relation to 
the seizure and transportation from the State of R. J. Graves, 
a citizens of Orange county," were sent to the House of 
Commons for their action ; also, the following bills and reso- 
lutions reported to tne Senate as duly enrolled, were sent to 
the House, and subsequently returned, signed by the Speaker 
of the House of Commons, and were signed by the Speaker 
of the Senate, to wit : 

Resolution to employ free persons of color on fortifications ; 

An act to perfect certain grants in favor of "William and 
Peyton Colvard ; 

An act to incorporate the Presbyterian Publishing and 
Printing Company, in the town of Fayetteville ; 

An act to alter the line between Jackson and Transylvania, 
Counties, and an act for the relief of our sick and wounded 
soldiers. 

Mr. Arendell, from the Committee on Corporations, report- 
ed upon the bill entitled, "A bill to incorporate the Town of 
Dallas, in the County of Gaston," and I'ecommended that it do 
pass. 

On motion of Mr, Russ, the resolution entitled, " Resolu- 
tion in favor of T. H. Hill," was taken up and read a second 
time and passed ; and the rules were suspended, when it was 
read a third time and passed. 

Mr. Graham introduced resolutions as follows : 

Resolved, l}y the Senate and House of Commons, That the 
present session of the General Assembly shall terminate on 
Wednesday the 24th of December, inst, at 3 o'clock P. M.; 
and that the General Assembly will convene again on the 1st 
Monday of August next. 

Resolved further. That the resolution heretofore passed, 
directing the speakers of the Senate and House of Commons 
to adjourn their several Houses, at 5 o'clock, A. M., on Mon- 



152 SENATE JOURNAL. [Session 

day the 22d inst, to meet again on the 19th day of January 
next, be, and the same is hereby rescinded. 

Mr. Outlaw moved to lay the resolutions on the table, and 
asked on that question the yeas and nays, and one-fifth 
agreeing, 

Those who voted in the affirmative, are : 

Messrs. Arendell, Bagley, Carroway, Dickson, Dickerson, 
Ellis, Eure, Faison, Harris, Lindsay, Matthews, Outlaw, 
Ramsay, Sharpe, Slaughter, Smith, of Anson, Taylor, of Chat- 
ham, Warren, Whitford, Wiggins and Wooley, — 21. 

Those who voted in the negative, are : 

Messrs. Adams, of Davidson, Adams of Guilford, Brown, 
Drake, Graham, Holeman, Jarratt, Lassiter, Leitch, Murriil, 
Neal, Patrick, Russ, Simpson, Shipp, Smith, of Macon, White, 
Wright and Young, — 19. 

So the resolutions were laid on the table. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported upon the resolution entitled, " Resolu- 
tion in favor of G. W. Grumpier, late Sheriff of Sampson," 
recommending its passage ; and, on motion of Mr. Faison, 
said resolution was taken up and read a second time and pass- 
ed, and upon a suspension of the rules, read a third time and 
passed. 

Mr. Outlaw moved to amend the rule in relation to the 
time of meeting and adjournment of the Senate, by striking 
out " 7 o'clock, P. M., and 9-| o'clock, P. M.,'^ which was not 
agreed to. 

Mr. Ramsay, introduced a resolution as follows, to* wit : 

" The Senate shall meet at 10 o'clock A. M., and sit until 2 
o'clock, P. M., and shall take a recess from that time until 7 
o'clock, P. M., from which time, it shall sit until 9^ o'clock, 
P. M., and the Speaker shall convene and adjourn the Senate 
accordingly : Provided, that a majority of the Senate may 
order an adjournment at any time between the hours desig- 
nated. And, Provided further, that the session shall not be 
prolonged beyond the houra of 2 and 9^ o'clock, P. M., un* 
less by a vote of two-thirds of those present." 



1862-'63.] SENATE JOURNAL. 153 

The resolution was adopted. 

A message was received from the House of Commons that 
they have passed the engrossed resolution entitled, " Resohi- 
tion protesting against the seizure of iron, by the Confederate 
States' Government, belonging to the State of North Caroli- 
na, and now in the possession of the Wilmington, Charlotte 
and Eutherford Railroad Company," with an amendment, to 
wit : Insert at the end of the 2d resolution as follows : " But, 
while we deny the right, at the same time in case it shall, in 
the opinion of the Governor, be necessary for the public de- 
fence, to use the iron, we hereby authorize the Governor to 
deliver the same to the Confederate Government, either upon 
the condition, that it shall be returned in kind, or reasonable 
compensation made in money, as may be agreed upon between 
them." 

The amendment was agreed to and the bill ordered to be 
enrolled. 

Mr. Warren, from the Judiciary Committee, reported iipon 
the bill entitled " A bill to admit proof of the hand-writing of 
attending witnesses in certain cases," and recommended that 
it do pass. 

Mr. Ramsay, from the Committee on Claims, reported upon 
the engrossed resolution entitled " Resolution to refund 
Harnett County, money expended for Col. Alex. Murchison's 
Cavalry Company," and recommended an amendment thereto. 

On motion of Mr. Ramsay, the bill entitled " A bill for the 
support of the Insane Asylum " was taken up and read second 
time. 

The question being on the amendment thereto, Mr. Sharpe 
moved to amend the amendment by striking out the words 
"sixty-two thousand and five hundred dollars," and inser- 
ting " seventy-five thousand dollars," which was not agreed to, 
and the amendment was adopted as follows, to wit : Strike out 
all after the enacting clause and insert as follows, to wit : That 
for the purpose of supporting and maintaining the Insane Asy- 
lum for the years 1863 and 1864, and for the further purpose of 
indemnifying the Treasurer of the State for the sum of four- 



164 SENATE JOURNAL. [Session 

teen thousand and five hundred dollars drawn from the Treas- 
ury over and above the amount appropriated by law for the 
years 1861 and 1862 ; the sum of one hundred and thirty- 
nine thousand and five hundred dollars is hereby appropriated, 

Seg. 2, Bq it further enacted^ That the Treasurer of the 
State be, and he is hereby authorized and required to pay to 
the order of the Executive Committee for the Insane Asylum, 
from time to time, for the support of the Asylum, for the 
years 1863 and 1864 so much of the sum of one hundred and 
twenty -five thousand dollars as may be necessary ; Provided^ 
the aggregate amount for each year shall not exceed the sum 
of sixty-two thousand five hundred dollars, ($62,500.) 

Sec. 3, Be it further enacted^ That this act shall be in full 
force and effect from and after its ratification. 

The bill as amended passed, and the rules were suspended 
when it was read a third time and passed. 

Leave of absence was granted to Mr. Wright for to-morrow, 
on motion o^ Mr. Warren ; and also to Mr. Sanders indefi- 
nitely, on motion of Mr. Graham. 

The bill entitled " A bill for the reliefof persons in custody, 
not in the military service," was takon up, when Mr. Warren'a 
pending motion to fill the blank in section 1 at the end 
thereof with the words "five hudred dollars," was agreed to. 

A message was received from the House of Commons, that 
they propose to the Senate to postpone the appointment of 
Justices of the Peace until the 20th day of January, 1863, 
which was agreed to ; also a message that they propose to go 
forthwith into an election for Adjutant General, and that 
Messrs. R. H. Cowan, John Randolph, D. G. Fowle, C. P. 
Bryson, R. C. Duvall and W. E. Mann are in nomination 
therefor. 

Mr. Graham moved to lay on the table and asked for the 
yeas and nays upon this question, and one-fifth agreeing : 

Those who voted in the affirmative are : 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Brown, Graham, Holeman, Jarratt, Lassiter, Leitch, Mat- 
thews, Neal, Ramsay, Russ, Simpson, Sharpe, Shipp, Smith 



1862-'63.] SENATE JOURNAL. ' 15.- 

of Anson, Smith of Macon, Warren, Wooley, Wriglit and 
Young- — 22. 

Those who voted in the negative are : 

Messrs. Bagley, Carroway, Copeland, Dickson, Drake, ElHs, 
Eure, Faison, Harris, Lindsay, Murrill, Outlaw, Patriek. 
Slaughter, Taylor, of Nash, Whitford, White and Wiggins — 18. 

So the proposition was laid on the table. 

Mr. Graham moved to send a message to the House ot 
Commons that the Senate proposes to rescind the joint rule 
so far as it relates to the engrossing, &c., of the Revenue Bill, 
which was agreed to. 

A message was received from the House, that they con- 
cur in the foregoing proposition of the Senate ; also, a mes- 
sage that they disagree to the amendment made by the Sen- 
ate to the engrossed House bill entitled " A bill in relation to 
the Justices of Johnston county." 

Mr. Warren moved to amend the bill entitled " A bill for 
the relief of persons in custody not in the military service," 
by inserting in section 2, line 11, after word '-shall," the 
words " unless good cause be shown ; " which was agreed to. 

Mr. Eure moved to amend as follows, to wit : Strike out 
all after the enacting clause S,nd insert as follows : That the 
Gnovernor be and he is herebj'' authorized to employ counsel 
learned in the law, to proceed to the place or places of im- 
prisonment of any citizen or citizens of this State, who is or 
may be detained and imprisoned under any arrest made, or 
which may be made by the military authorities of the Con- 
federate States, or of the State, to the end that the cause of 
the arrest and detention may be investigated, and to institute 
such proceedings in behalf of such citizen or citizens, as he 
shall think proper, so that if they be innocent, of the charges 
preferred, they may be acquitted ; or, if guilty, be convicted 
and punished according to law. 

Sec. 2. Be it further enacted, That this act shall take 
effect and be in force from and after its ratification. 

Mr. Ramsay introduced a resolution, entitled " Resolution 



156 SENATE JOURNAL. [Session 

<f;alling upon the Public Treasurer for information ; " which 
was read and adopted, 

A message was received from the House of Commons, that 
the J propose to the Senate to go forthwith into an election 
for Adjutant General. 

On motion of Mr. Graham, the proposition was laid on the 
table. 

Also a message from the House, that they ask the concur- 
rence of the Senate in a proposition to go into an election for 
Hye Directors of tiie Insane Asylum, immediately. 

On motion of Mr. E-amsay, the proposition was laid on the 
table. 

Mr. Ramsay moved to send a message to the House of 
Commons, that the Senate proposes to go into an election for 
five Directors of the Insane Asylum at 8 o'clock, P. M. ; 
which was agreed to. 

And a message was received from the House, that they 
<^oncur ill the foregoing proposition. 

Mr. Graham moved to lay on the table the bill entitled, 
" A bill for the relief of persons in custody, not in the military 
service," under consideration, and Mr. Warren asked the 
yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Carroway, Copeland, Dickson, Ellis, Faison, Gra- 
ham, Harriss, Holeman, Murrill, Outlaw, Simpson, Shipp, 
Smith, of Anson, Taylor, of Nash, Whitford, Wiggins and 
Wooley— 17. 

Those who voted in the negative are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 
Bagley, Brown, Drake, Euro, Jarratt, Lassiter, Leitch, Mat- 
thews, Neal, Patrick, Ramsay, Russ, Sharpe, Slaugh- 
ter, Smith, of Macon, Smith, of Stanly, Taylor, of Chatham, 
Warren, White, Wright and Young — 24. 

So the motion did not prevail, and the Senate took a recess 
until 7 o'clock, P. M. 



1862-^68.] SENATE JOURNAL. Ul 

Evening Session— -Severi d'clook^ P. M. 

A message was sent to the House of Commons, that the 
Senate transmits for their action an engrossed resolution, en- 
titled " Resolution in favor of G. W. Grumpier, late Sherifi^ 
of the County of Sampson," and the engrossed bill entitled 
" A bill to be entitled ' Revenue.' " 

The question being on Mr. Eure's amendment proposed to 
the bill for the relief of persons in custody, not in the milita- 
ry service, Mr. Young moved to reconsider the vote by which 
the Senate refused to lay on the table said bill ; which was 
not agreed to. 

Mr. Arendell called for a division of the question, and upou 
the part to strike out all of the original bill except the enact- 
ing clause, Mr. "Warren asked for the yeas and nays, and one- 
lifth agreeing : 

Those who voted In the affirmative, are, 

Messrs. Arendell, Brown, Carroway, Copeland, Dickson, 
Dickerson, Drake, Ellis Eure, Graham, Harris, Murjill, Out- 
law, Simpson, Shipp, Taylor, of Nash, Warren, Whitford, 
White, Wiggins, Wooley and Young — 22. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Jarratt, Lassiter, Leitch, Neal, 
Patrick, Ramsay, Russ, Sanders Sharpe, Slaughter Taylor, of 
Chatham, and Wright — 13. 

So the Senate agreed to strike out. 

Mr. Warren moved to postpone the further consideration 
of the bill until to-morrow morning 11 o'clock ; and Mr. Out- 
law moved to amend by striking out words "to-morrow 
morning 11 o'clock," and inserting words " 22nd January, 
1S63." Upon this question Mr* Warren asked for the yeas 
and nays, and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Dickson, Drake, Ellis, Faison, Graham, Harris, 
Holeman, Murrill, Outlaw, Smith, of Anson, Taylor, of Nash, 
AVhitford, White, Wiggins and Young — 15. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 



15S SENATE JOURNAL. [Sessior. 

Bagley,BrowD, Carroway, Copeland, Dickerson, Enre, Jarratl, 
Lassiter, Leitcli, Lindsay, Neal, Patrick, Ramsay, Russ, San- 
ders, Simpson, Sharpe, Slaughter, Smith, of Macon, Smith, of 
Stanly, Taylor, of Chatham, Warren, Wooley and Wright — 27. 

So the amendment was not agreed to. 

The motion to postpone was withdrawn by Mr. Warren. 

The question being on inserting the amendment of Mr. 
Eure, Mr. Arendell asked for the yeas and nays, when a 
message from the House of Commons was received that tlie 
hour having arrived for the election of five Dire.ctors of the 
Insane Asylmn, they would proceed to vote upon the return 
of the messenger, and Messrs. xVvera and Brem were the 
Committee to superintend the election on their part. 

The Speaker announced Messrs. Ramsay and Copeland as 
the Committee on the part of the Senate, and the Senate pro- 
ceeded to vote as follows : 

For Dr. Ellis Malone. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Arendell, Brown, Carroway, 
Drake, Elhs, Eure, Graham, Lassiter, Murrill, Outlaw, Pat- 
rick, Russ, Sanders, Simpson, Sharpe, Slaughter, Smith, of 
Anson, Taylor, of Chatham, Taylor, of Nash, Warren, Wooley 
and Wright — 25. 

For J. E. Williamson. — Mr. Speaker, Messrs. Adams, of Da- 
vidson, Adams of Guilford, Brown, Carroway, Copeland, Dick- 
son, Dickerson, Ellis, Eure, Faison, Graham, Jarratt, Lassiter, 
Leitch, Murrill, Neal, Outlaw, Patrick, Ramsay, Russ, Sharpe, 
Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, 
of Chatham, Warren, Whitford, White, Wiggins, Wooley, 
Wright and Young— 3i. 

For Peter F. Pescud. — Mr. Speaker, Messrs. Adams, of 
Davidson, Adams, of Guilford, Brown, Carroway, Copeland, 
Dickson, Dickerson, Drake, Eure, Faison, Jarratt, Lassiter, 
Leitch, Neal, Patrick, Ramsay, Russ, Simpson, Sharpe, 
Shipp, Slaughter, Smith, of Macon, Smith, of Stanly, Taylor, 
of Chatham, Warren, Whitford, White, Wiggins, Wooley, 
Wright and Young — 32. 

For Rev, C. Shaw.— Mr. Speaker, Messrs. Adams, of Da- 



1862-'63.] SENATE JOURNAL. 159 

vidson, Adams of Guilford, Brown, Carroway, Copeland, 
Dickson, Dickerson, Drake, Ellis, Eure, Faison, Graham, Jar- 
ratt, Lassiter, Leitch, Murrill, Neal, Outiaw, Patrick, Ram- 
say, JRuss, Simpson, Sharpe, Shipp, Slaughter, Smith, of Ma- 
con, Smith, of Stanly, Taylor, of Chatham, Warren, Whit- 
ford, Wooley, Wright and Young — 34. 

For Dk. Chas. E. Johnson. — Messrs. Adams, of David- 
son, Adams, of Guilford, Arendell, Brown, Carroway, Cope- 
land. Dickson, Dickerson, Ellis, Eure, Faison, Graham, Jar- 
ratt, Leitch, Murrill, Neal, Outlaw, Ramsay, Sanders, Simp- 
son, Shipp, Smith, of Anson, Smith of Macon, Smith, of Stan- 
ly, Whitford, White, Wiggins and Young — 28. 

For J. A. Leak. — Mr. Speaker, Messrs. Adams, of David- 
son, Copeland, Dickson, Dickerson, Drake, Graham, Harris, 
Jarratt, Lassiter, Leitch, Neal, Outlaw, Patrick, Ramsay, 
Rnss, Sanders, Simpson, Sharpe, Shipp, Slaughter, Smith, of 
Anson, Smith, of Macon, Smith of Stanly, Taylor, of Chatham, 
Warren, White, Wiggins, Wooley, Wright and Young — 31. 

For J. G. King. — Messrs. Ellis, Faison, Harris, Taylor, of 
Nash and Whitford — 5. 

For Kemp P. Bettle. — Messrs. Harris, Murrill and Tay- 
lor, of Nash— 3. 

For A. M. Lewis. — Messrs. Harris and Taylor, of Nash. — 2. 

For Carter B. Harrison. — Messrs. Harriss and Taylor, of 
Nash— 2. 

For Jab. T. Leach. — Messrs. Sanders and Smith, of An- 
son — 2. 

For H. S. Smpih. — Messrs. Sanders and Smith, of An- 
son — 2. 

For John B. Williams. — Messrs. White and Wiggins — 2, 

For Dr. Jas. L. Mannet. — Mr. Arendell — 1. 

For Dr. Isaac W. Huohes. — Mr. Arendell — 1. 

For Rev. Dr. W. Closs.— Mr. Arendell— 1. 

For Charles Skinner. — Mr. Drake — 1. 

The question recurring on the amendment proposed by Mr. 
Eure to the bill for the relief of persons in custody, not in 



160 SENATE JOURKAL; [Session- 

militarj service, Mr. "Warren moved to postpone until to- 
morrow, 10 o'clock, and it was agreed to. 

Mr. Outlaw moved to adjourn, but it was not agreed to. 

A message was received from the House of Commons that 
they transmit certain engrossed bills and resolutions for the 
action of the Senate, to wit : 

A resolution in relation to the bills, &c., of this session of 
the Legislature, which was adopted. 

A bill to amend the 46th chapter of the Revised Code, 
18th section. 

A bill for the relief of W. E. Mann, late Sheriff of Pasquo- 
tank County. 

Resolution in relation to prisoners confined in Salisbury, 
which was read first time. 

The engrossed resolution entitled " Resolution to pay expen- 
ses of Commissioners to Richmond," was read second time 
and passed, when, on motion of Mr. Taylor of Chatham, the 
the rules were suspended and the same was read a third time 
and passed. 

The bill entitled " A bill continuing in force the 1st section 
of an ordinance entitled 'an ordinance concerning the collec- 
tion of taxes in certain counties, passed at the fourth session of 
the Convention,' " was read a second time and passed, when, 
on motion of Mr. Lindsay, the rules were suspended and the 
same was read a third time and passed. 

The engrossed bill entitled " A bill to repeal the first sec- 
tion of the ordinance of the Convention entitled " An ordi- 
" ance to amend an ordinance to secure to certain ofiicers and 
oldiers the right to vote as to elections to fill vacancies in 
Congress or the General Assembly," was read a second time, 
and, on motion of Mr. Eure, was laid on the table. 

A bill entitled "A bill to raise ten thousand volunteers for 
the defence of the State," was read a second time, when Mr. 
Young moved to lay it on the table, but the motion did not 
prevail. And Mr. Lindsay moved to postpone the same until 
11 o'clock to-morrow and that it be made the special order 
for that time, which was agreed to. 



1862-^63.] SENATE JOURNAL. 161 

The engrossed resolutions entitled " Resolutions on the 
■^Roll of Honor,'" were read a third time and passed. 

A message was received from the House of Commons that 
they transmit an engrossed bill entitled " A bill to estabhsh 
the office of Auditor of Public Accounts," which was read 
first time, and, on motion of Mr. Graham, the rules were 
suspended and it was read a second time. 

Mr. G-raham moved to amend by adding an additional 
section, and the amendment was adopted, to wit: 

Sec. 4. All claims that may be presented against the State 
for expenses incurred for arming, equipping, subsistence, and 
transportion of troops, munitions of war, bounty paid to saM 
troops, either in the Military or Naval service of the State, 
and other expenses incurred in the public defence, shall be 
audited and settled by said auditor upon principles of equity and 
justice, and according to the rules established by the existing 
board of claims, in similar cases." The bill as amended passed 
and was read a third time and passed, and sent to the House 
of Commons for their agreement to the amendment. 

The bill entitled "A bill concerning the County of Mit- 
chell," was read a second tiaie. 

Mr. Ramsay from the Committee to superintend the 
election of Directors for the Insane Asylum, reported that 
P. F. Pescud, Rev. C. Shaw, James A. Leak, Dr. J. C. Wil- 
liamson and Dr.Oias. E. Johnston, having received a majority 
of the whole number of votes cast, are elected. 

And the Senate adjourned until iO o'clock, to-morrow. 



SATURDAY, Deoesiber 20, 1862. 
On motion of Mr. Ramsajr a message was sent to the House 
of Commons that the Senate proposes to rescind, during the 
remaining part of the present session, the Joint Rules of the 
two Houses, No. 6 ; and a message was received from the 
House that they agree to said proposition. 
%■ Also, a message was received from tlie House that they 

11 



162 SENATE JOURNAL. [Session 

agree to the amendment made by the Senate to the engrossed 
bill entitled " A bill to establish the oflQce of Auditor of Pub- 
lic Accounts," and said bill was enrolled and signed first by 
the Speaker of the House of Commons and then by the 
Speaker of the Senate. 

On motion of Mr. Warren, the further consideration of the bill 
entitled " A bill for the relief of persons in custody, not in 
the military service," was postponed until 20th January, 1863. 

Mr. Arendell, from the Joint Standing Committee on the 
Deaf and Dumb and Blind Asylum, made a report which was 
received and read and ordered to be printed ; and also 
reported a bill entitled " A bill concerning the North Caro- 
lina Institution for the Deaf and Dumb and Blind," which 
was reacl first time, when on his motion, the rules were sus- 
pended, and said bill was read a second time. 

Mr. Ramsay moved to amend by striking out the word 
" board " so often as and wherever it occurs in the bill, which 
motion was not agreed to, and the bill passed, and was read a 
third time. 

Mr. Ramsay moved to amend b}'^ adding to section 4 these 
words, to wit : " Except those pupils who are able to pay for 
board — tuition being free to all classes." 

Upon this amendment the yeas and nays were asked, and 
one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Adams, of Davidson, Bagley, Brown, Carroway, 
Eure, Faison, Graham, Holeman, Jarratt, Lassitor, Patrick, 
Ramsay, Russ, Sanders, Shipp, Slaughter, Smith, of Anson, 
Smith, of Macon, Taylor, of Chatham, White, Wright and 
Young — 22. 

Those who voted in the negative, are, 

Messrs. Adams, of Guilford, Arendell, Copeland, Dickson, 
Drake, Ellis, Harris, Leitch, Lindsay, Murrill, Neal, Taylor, 
of Nash, and Wiggins — 13. 

So the amendment was adopted, and the bill as amended 
passed, and was sent to the House of Commons. 

Oa motion of Mr. Sanders a message was sent to the House 



1862-'63.] SENATE JOURNAL. '- 103 

of Commons, that the Senate proposes to go into an election 
for Auditor of Public Accounts, at 1|- o'clock to-day, and that 
Samuel F. Phillips, is in nomination therefor ; and Mr. Elli^ 
added to said nomination, Maurice Q. Waddell. 

Mr. Graham introduced a resolution entitled "A resolution 
to pay the principal clerks of the Senate and House of Com- 
mons, one hundred dollars each for extra services, over and 
above the amounts allowed by law, which was read a first 
time, and the rules having been suspended, was read a se- 
cond and third time and passed, and sent to the House of Com- 
mons for their action. 

A message was received from the House of Commons, that 
they transmit an engrossed bill for the action of the Senate,^ 
entitled, to wit : " A bill to authorize the Governor to employ 
slave labor, in erecting fortifications and other works," which 
was read first time, when, on motion of Mr. Wiggins, the 
rules were suspended, and the same was read a second and 
third times and passed. 

Mr. Leitch, from the Committee on Education, reported 
upon the bill entitl-ed, " A bill authorizing the President and 
Directors of the Literary Fund of North Carolina to elect a 
Treasurer," and recommended that it do pass. 

Mr. Taylor, of Chatham, introduced a resolution to pay the 
Door-keepers of each house, fifty dollars each, as extra com- 
pensation, which was read first time, and upon the suspension 
of the rules, was read a second and third times and passed ; 
and the same was sent to the House of Commons in pursu- 
ance of resolution suspending Joint Rule, No. 5. 

A message was received from the House of Commons, that 
they transmit a communication from the Board of Claims, 
and propose that the further consideration thereof be post- 
poned until 2^0th January, 1863, which was agreed to ,* and 
said communication was referred to the Committee on Claims, 
on motion of Mr. Graham. 

The bill entitled " A bill for the support of the Insane 
Asylum," engrossed, was transmitted to the Hause of Com- 
mons ; and also und^r the resolution suspending Joint Rule, 



164 SENATE JOURKAL. [Bemon 

No. 5, was transmitted the bill entitled, " A bill to continue 
in force 1st section of an Ordinance entitled ' An Ordinance 
concerning the collection of taxes, in certain counties," pas- 
sed the 4th session of the Convention. 

A message was received from the House of Commons, that 
they agree to the proposition to go into an election for Audi- 
tor of Public Accounts, at 1^ o'clock, to-day, and appoint 
Messrs. Cowles and Love, committee on their part to super- 
intend said election, and that John A. Stanly and Sam'l J. 
Person, are in nomination therefor. 

The Speaker announced as the committee to superintend 
said election, on the part of the Senate, Messrs. Warren and 
Sharpe. 

The Senate proceeded to the election of Auditor of Public 
Accounts ; the vote was as follows : 

For S. F. Phillips. — Mr. Speaker, Messrs. Adams, of Da- 
vidson, Adams, of Guilford, Brown, Eure, G-raham, Holeman, 
Jarratt, Leitch, Murrill, ISTeal, Outlaw, Kamsay, Euss, Sand- 
ers, Shipp, Slaughter, Smith, of Anson, Smith, of Macon, 
Taylor, of Nash, "Wright and Toung-^22. 

For M. Q. Waddell.— Messrs. Carroway, Ellis, Taj^lor, of 
Chatham and Wiggins — 4. 

For John A. Stanlt. — Messrs. Arendell, Bagley, Lassiter^ 
Patrick, Sharpe and Warren — 6. 

For S. J. Person. — Messrs. Copeland, Dickson, Drake, 
Faison, Harris, Whitford and White — 7. 

The order of the day being the engrossed bill entitled, " A 
bill to raise ten thousand volunteers for the defence of the 
State," was read, and after some discussion, Mr. Copeland 
moved to postpone until the 22d January, 1863, whereupon 
Mr. Lindsay asked for the yeas and nays, and one-fifth 
agreeing : 

Those who voted in the affirmative are, 

Messrs. Copeland, Dickson, Drake. Ellis, Faison, Graham, 
Harris, Holeman, Leitch, Sharpe, Whitford, White, Wright 
and Young — 14. 

Those who voted in the negative are. 



lS62-'63.] SENATE JOURNAL. 165 

Messrs. Adams, of Davidson, Adams, of Guilford, Bagley, 
Brown, Carrowaj, Eure, Jarratt, Lassiter, Lindsay, Murrill, 
Neal, Outlaw, Patrick, Ramsay, Russ, Sanders, Shipp, 
Slaughter, Smith, of Anson, Taylor, of Chatham, Taylor, of 
Nash, Warren and "Wiggins — 23. 

So the motion did not prevail. 

Mr. "Warren from the committee appointed to superintend 
the election for Auditor of Public Accounts, reported that 
Samuel F. Phillips received a majority of the whole number 
of votes cast, and is deleted. 

Mr. Outlaw moved to amend the order of the day by in- 
serting in section 1, at the end of line 7, after words " eigh- 
teen years," words " with the consent and approbation of the 
President of the Confederate States, as to those between the 
ages of 18 and 45 years," pending which motion, the Senate 
took a recess until 7 o'clock, P. M. 



Evening Session — Seven d'clock^ P. M. 

The following bills and resolutions having been reported as 
duly enrolled, were transmitted to the House of Commons, 
and having been signed by the Speaker thereof, were returned 
and signed by the Speaker of the Senate, to wit : 

Resolutions on the "Roll of Honor;" 

Resolution in favor of Capt. J. S. Ives ; 

Resolution in favor of Door-Keepers ; 

Resolution to pay expenses of Commissioners to Richmond ; 

Resolution in relation to the bills of this session of the Leg- 
islature ; 

Resolution in favor of T. H. Hill ; 

An act to authorize the Governor to employ slave labor in 
erecting fortifications and other works ; 

An act to provide ways and means for supplying the Treas- 
ury ; 

An act to alter the time of holding the Superior Courts of 
I;aw and E(juity in the 6th Judicial Circuit \ 



166 SEIS'ATE JOURNAL. [Session 

Resolution in favor of Lewis Williamson ; 

Resolution in relation to the seizure and transportation 
from the State of R. J. Graves, a citizen of Orange County ; 

Resolution in favor G. W. Grumpier, late Sheriff of Samp- 
son Gounty ; 

Resolution in favor of the Principal Clerks of the House 
and Senate ; 

Resolution protesting against the seizure of iron by the 
Confederate Government, belonging to the State of North- 
Carolina, and now in possession of the Wilmington, Charlotte 
and Rutherford Railroad Company ; 

An act in relation to the supply of salt ; 

An act for the support of the Lisane Asylum of North-Car- 
olina ; 

An act concerning the North-Carolina Institution for tho 
Deaf and Dumb and the BHnd ; 

An act for the relief of such persons as may suffer from the 
burning of the Court House and records of Hertford County ; 

An act to provide for the probate of wills and granting let- 
ters of administration, when the County of the residence of 
testators or intestates, is in the possession of the enemy. 

A message was received from the House of Commons, that 
they transmit certain bills and resolutions, for the action of 
the Senate, entitled, to wit: 

"A bill to incorporate the Silver Lead Mining Company,"' 
which was read first time ; 

"Resolution in favor of C. P. Bryson;" which v,^as read 
first time, when, on motion of Mr. Smith, of Macon, the rules 
were suspended, and the same was read a second and third 
times and passed ; 

"An act concerning bounty to persons, not citizens," which 
was read first time, and on motion of Mr. Smith, of Macon, 
the rules were suspended, when the same was read a second 
and third times and passed ; and 

" Resolution in favor of AY. A. Maroney, Sheriff' of Davie 
County," which was read first time, and the rules having 



lS62-'63.] SENATE JOURNAL. 16T 

been suspended, the same was read a second and third times 
and passed. 

Mr, Warren introdnced a bill entitled " A bill to ehange 
the term of office of the Adjutant General and for other pur- 
poses," which was read first time, and the rules having been 
suspended, was read a second and third times and passed. 

Mr. Wright moved to take up the bill entitled, "A bill to 
enable the incorporated towns of this State to levj additional 
taxes," which was agreed to, and said bill, the rules having 
been suspended, was read three several times and passed. 

On motion of Mr. Neal, the engrossed bill entitled " A bill 
concerning the County of Mitchell," was read, under suspen- 
sion of the rules, three several times and passed. 

A message was received from the House of Commons that 
they transmit certain engrossed resolutions entitled, as fol- 
lows : 

" Resolution requiring the Governor to appoint Commis- 
sioners to examine and report the condition of the Agency of 
Cherokee Lands, connected with the Turnpike Roads in 
Jackson County," which was read first time, when on motion 
of Mr. Smith, of Macon, the rules were suspended, and the 
same was read a second and third times and passed ; 

"Resolution in reference to the Auditor of Public Ac- 
counts;" and 

" A resolution in reference to a fund in the hands of the 
Board of Claims," which were read three several times and 
passed. 

On motion of Mr. Eure, the bill entitled "A bill to author- 
ize and require the Quartermaster of the Stat« to pay com- 
mutation money to the soldiers of North-Carolina for boot;? 
and shoes," was taken up and read a second time. 

Mr. White moved to strike out in section 1, the w^ords 
" fourteen " and " eight," and insert " twelve " and " six," 
which was not agreed to. 

Mr, Bagley moved to strike out in same section, " eight," 
and insert " ten," which was not agreed to ; and also, to strike 
out "eight," and insert "nine," and it was not agreed to. 



168 ' SENATE JOUENAL. [Sessioa 

Mr. Eure moved to amend by adding this proviso to sec- 
tion 1, to wit: 

" Provided thej shall not be paid for more pairs of boots 
and shoes than they are entitled to by by the Army Kegula- 
tions," and it was adopted. 

Mr. Bagley moved to strike out in same section 1, " four- 
teen," and insert "thirteen," and upon this question asked 
for the yeas and nays, and one-fifth agreeing: 

Those who voted in the afiirmative are, 

Messrs. Bagley, Drake, Patrick, Slaughter, Smith, of Macon ^ 
Warren and White — 7. 

Those who voted in the negative are, 

Messrs. — Adams, of Davidson, Adams, of Guilford, Aren- 
dell, Brown, Carroway, Dickson, Enis,Eure, Faison, Graham, 
Harris, Holeman, Lassiter, Leitch, Lindsay, Murrill, Neal, 
Outlaw, Kuss, Smith, of Anson, Taylor, of Chatham, Whit- 
ford, Wright and Young — 24:. 

So the motion did not prevail. 

And the bill as amended passed and was read a third time 
and passed, and sent to the House of Commons for their 
action. 

The engrossed bill entitled " A bill to amend an act entitled 
"An act for the relief of the Banks and the People," was 
read a second time, when Mr. Lindsay moved to postpone 
until January 22d, 1863, and asked for the yeas and nays 
thereon, and one- fifth agreeing : 

Those who voted in the afiirmative are, 

Messrs. Baglej'-, Carroway, Jarratt, Lindsay, Murrill, Out- 
law, Sharpe, Slaughter, Smith, of Macon, Taylor, of Nash, 
and Warren — 11. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Brown, Copeland, Dickson, Drake, Ellis, Faison, Graham, 
Harris, Holeman, Leitch, Neal, Patrick, Bamsay, Russ, 
Smith of Anson, Whitford, White, Wright and Young — 22. 

So the motion did not prevail. 



1862-'63.] SENATE JOURNAL. 169 

On the passage of the bill, Mr. Lindsay asked for the yeas 
and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Brown, Oarroway, Dickson, Drake, Ellis, Eiire, Faison, Har- 
ris, Lassiter, Neal, Patrick, Eamsay, Smith of Anson, Whit- 
ford and White— 18. 

Those who voted in the negative are, 

Messrs. Bagley, Graham, Holeman, Jarratt, Leitch, Mur- 
rill, Outlaw, Huss, Sharpe, Shipp, Slaughter, Smith of Macon, 
Taylor of Chatham, Taylor of Nash, Wright and Young — 16. 

So the bill passed and the rules were suspended, on motion 
of Mr. Adams, of Davidson, when it was read a third time 
and passed. 

A message was received from the House of Commons that 
they transmit a resolution which they had passed, entitled 
'' A resolution in favor of the Engrossing Clerks of the pres- 
ent session of the General Assembly," and the same was read 
first time, when the rules were suspended, on motion of Mr. 
Ramsay, and it was read a second time and passed and read 
a third time, when Mr. Murrill moved to postpone until the 
10th day of February, 1863, which motion was not agreed to. 
Mr. Murrill now moved to postpone indefinitely, and it was 
not agreed to; also asked for the yeas and nays on the 
passage of the resolution and it was not agreed to. 

The resolution passed. 

On motion of Mr. Ramsay, the bill entitled "A bill to 
incorporate the town of Chestnut Hill, in Rowan county," 
was taken up and read a second time and said bill passed and 
was read a third time and passed, ^ 

The order of the day being the bill entitled " A bill to raise 
ten thousand volunteers for the defence of the State was taken 
up. When Mr. Outlaw moved to postpone the same until 
January 20th, 1863, and upon this question asked the yeas 
and nays, and one-fifth agreeing : 

Those who voted in the affirmative, are : 

Messrs, Adams, of Guilford, Brown, Copeland, Dickson, 



ITO SEKATE JOURISfAL. [Session 

Drake, Ellis, Faison, Graham, Harris, Holeman, Neal, Oat- 
law, Sharpe, Shipp, Smith, of Anson, Taylor, of Nash, Whit- 
ford, White, Wright and Young, — 20. 

Those who voted in the negative, are : 

Messrs. Adams, of Davidson, Bagley, Carrowaj, Eure, 
Jarratt, LasSiter, Leitch, Lindsay, Murrill, Patrick, Bam- 
say, Riiss, Slaughter, Smith, of Macon and Taylor, of Chat- 
ham — 15. 

So the bill was postponed until 20th January, 1863. 

Mr. White moved to take up the bill entitled, " A bill tc^ 
incorporate the town of Dallas in the County of Gaston," and 
it was read a second time, when Mr. Murrill moved to strike 
out the word " Dallas," and insert the word, " Stonewall,'' 
which was not agreed to. 

Mr. Bagley moved to strike out "Dallas," and insert 
"Beauregard," which was not agreed to ; and the bill pass- 
ed, and was read a third time and passed. 

Mr. Young introduced a resohition which he would call up 
at another time, and moved tliat the Senate adjourn until 
Monday morning 4|- o'clock ; and, the Senate adjourned ac- 
cordinglv. 



MONDAY, 4i o'clock, A. M. DECEiviBEE 22, 1862. 

A message was received from the House of Commons, tliar 
they ti-ansmit certain bills and resolutions duly enrolled and 
signed by the Speaker of the House, and the same were sign- 
ed by the Speaker of the Senate, entitled, to wit: 

"An act to amend section 2d, of an Ordinance of the Con- 
vention, ratified 12th day of May, 1862, entitled, ' An Ordi- 
nance to repeal an ordinance passed at the present session of 
this Convention entitled, ' An Ordinance amendatory of an 
Ordinance to raise ISorth Carolina's quota of Confederate 
troops," passed and ratified the 19th day of February, A. D., 
1862, and to extend the provisions as to bounty, to certain 
other persons" ; 



lS6^2-'63.] SENATE JOURNAL. ITl 

Resolution in favor of W. A. Maroney, Sheriff of Davie 
county ;" 

Resolution requiring the Governor to appoint commission- 
ers to examine and report the condition of the agency of 
Cherokee Lands as connected with Turnpike Roads in Jack- 
son county. 

A resolution in favor of the Engrossing Clerks of the pre- 
sent session of the General Assembly ; 

A resolution in favor of C. P. Bryson ; 

A resolution in reference to the Auditor of Public Ac- 
counts ; 

A resolution in reference to a fund in the hands of the Board 
of Claims; 

Resolution to pay the officers and privates of Captain J. W. 
F. Bank's company for their services ; 

An act to incorporate the town of Marion ; 

An act concerning the county site of Mitchell ; 

An act to amend an act entitled, " An act for the relief of 
the Banks and the people;" 

An act to enable the incorporated towns of the State to levy 
additional taxes ; 

An act to amend an act passed at the second extra session 
of the General Assembly, A. D. 1861, Chapter 5, entitled, 
" An act to enlarge the powers of the county Courts tor rais- 
ing revenue for county purposes." 

Mr. Enre, by leave, recorded his vote in the negative oii 
the question to postpone the bill entitled, " A bill to raise ten 
thousand volunteers for the defence of the State," until Janu- 
ary ^0, 1863. 

Mr. Arendell being in the chair, called up the folIowJDg' 
resolution, introduced by Mr. Young, to wit : 

Resolved^ That the thanks of the Senate are due, and are 
hereby tendered to the Honorable Giles Mebane, Speaker of 
the Senate, for the zeal, impartiality and efficienc}' with which 
he has discharged the duties of his office ; which was unani- 
mously adopted. 

The Speaker liaving resumed the chair, addressed the Sen- 



172 SENATE JOURNAL, [Se&skm 

ate in a brief and very appropriate manner, and declared the 
rsame adjourned until tlie 19th January, A. I)., 1868, at 11 
o'clock, A. M. 

GILES MEBANE, 

Speaher of the Senate. 
C. E. Thomas, 



INDEX. 



ELECTIONS. 

PAGE. 

?]lectian of Speaker, 5 

" " Principal Clerk, 5 

" " Assistant Clerk, 6 

" " Principal Doorkeeper, 6 

" '• Assistant Doorkeeper, 6 

" " State Printer, 9 

" " Engrossing Clerk, first, 25 

*• " Comptroller of State, 31 

" " Solicitor Seventh Circuit, 33 

" " Solicitor First Circuit, 34 

" " Superintendent of Oomnion Schools, 37 

•' " Secretary of State, 40 

" " Solicitor of Fifth Circuit, 43 

*' '• Superior Court Judge, Fourth Circuit, 45 

*' " Confederate States' Senator, 52 

" '• Engrossing Clerk, Second, Third, 57 

" " Councillors of State, 66 

*' '' Treasurer of State, 73 

** " Solicitor, Sixth Circuit, 73 

'* " Superior Court Judge, Seventh Circuit, 112 

" " Solicitor, Seventh Circuit, 112 

" " Solicitor, Fourth Circuit, 133 

*' *' Attorney General, .' 137 

** " Directors Insane Asylum, 158 

" *' Auditor of Public Accounts, , 164 

YEAS AND NAYS. 



Vote for Speaker, , 5 

" Clerks and Doorkeepers, 5, 6 

'• State Printer, 9 

" Engrossing Clerk, First, 25 

'• Comptroller of State, 31 

" Solicitor, Seventh Circuit 33 

'^ Solicitor, First Circuit, 34 



ii , INDEX. 

Vote for Supel-intendent of Common Schools, . . , . » Sf 

" " Secretary of State, 40 

" " Solicitor, Fifth Circuit, 44, 46, 48 

'* " Superior Couft Judge, Fourth Circuit, 45 

" " Solicitor, Second Circuit, 50 

" " Confederate States' Senator, * 52 

" " Engrossing Clerks, Second, Third, ; 57 

" on the passage of the bill in reference to the salaries of the 
Judges of the Superior Courts of Law and Equity, second 

reading, ., 61, 77 

" for Councillors of State, » 66 

*' " Treasurer of State, , 73 

♦' " Solicitor, Sixth Circuit, , 73 

" on the passage of the Resolutions declaring the oflBce of Adju- 
tant General, Attorney General and Solicitor of the fourth 
Judicial Circuit, vacant, second and third reading, 89, 90, 91 
" " resolutions protesting against the burning of Cotton in 

Eastern North Carolina, second reading, 91 

" " amendment to the bill to prevent the harboring of deserters 

and resisting their arrest, 96 

" " the passage of the resolution to pay Ministers of the Gospel 
for service in opening by prayer, either House of the Gene- 
ral Assembly, second reading, 96 

" " the passage of resolutions requesting our Senators, and in- 
structing our Representatives in Congress to urge a repeal 
of certain clauses of the " Military Exemption Act" of the 

Confederate Congress, third reading, 100 

' ' *' amendment to their title, 100 

" •' the passage of a bill to secure the property of married wo- 
men, second reading, 101 

" for Superior Court Judge, Seventh Circuit, 112, 113 

" " Solicitor, Seventh Circuit, 112 

" on suspending the rules to take up resolutions to regulate the 
per diem and mileage of the members of the General As- 
sembly, » 117 

" " their passage, second reading, 118 

" *' motion to lay on the table, a bill in reference to Work 

Houses, 120 

" " amendments to a bill to be entitled "Revenue," 122, 128, 

137, 146, 148 
" " amendment to resolution proposing to adjourn on the 22d 

of December, and meet on the 19th January, 1863, 131 

" for Solicitor, fourth circuit, 133 



INDEX. iii 

Page. 
Vote on motions to lay on the table messages from the House of 
Commons, proposing to the Senate to go into an election for 

Adjutant General, ....... 133, 154 

" *' on the passage of a bill to amend the 1st, 12th and 2.3d sec- 
tions of Chapter IT, of the Acts M IS^^Oand 1861, third 

reading, 134 

" for Attorney General, 137, 138 

" on the passage of the resolution in relation to the seizure and 
transportation from the State, of R. J. Graves, a citizen of 

Orange county, 145 

" " motion to re-consider the vote by vrhich were passed reso- 
tions relating to the seizure of Railroad Iron, belonging to 
the State, and now in possession of the Wilmington, Char- 
lotte and Rutherford Railroad Company, 149 

•' " motion to lay on the table resolutions proposing an adjourn- 
ment of the two Houses from the 24th of December, 1862, 

until the 1st Monday of August, 1863, 151 

" " motion to lay on the table a bill for the relief of persons in 

custody, not m the military service, 156 

" " amendments to the same, 157 

" for Directors of the Insane Asylum, 158 

" on amendment to a bill concerning the North-Carolina Institu- 
tion for the Deaf and Dumb, and Blind, 162 

" for Auditor of Public Accounts, 164 

"' on motion to postpone until 22d January, 1863, a bill to raise 

ten thousand volunteers for the defence of the State, 164 

" " amendment to a bill to authorize and require the Quarter- 
master of the State to pay commutation money to the sold- 
iers of North-Carolina, for boots and shoes, 168 

" " motion to postpone until January 22d, 1863, a bill to amend 
an act entitled, " An act for the relief of the Banks and the 

People, 168 

" " passage of said bill, second reading, 16& 

" " motion to postpone until January 20th, 1863, a bill to raise 

ten thousand volunteers, for the defence of the State, 169 

MISCELLANEOUS. 

Governor's Message, 9 

Rules of Order for the Senate, 15 

Standing Committees, 13 

Joint Standing Committees, 26 

Joint Rules of Order, 26 

12 



JOURNAL. 



OF 



THE SEi^^TE 



OF THE 



GENERAL ASSEMBLY 



OF THE 



STATE OF NORTH-CAROLINA, 



AT ITS 



BECOHD SESSION, 1863, 



RALEIGH: 

r. W. HOLDEN, PRINTER TO THE STATE. 
1863. 



SENATE JOURNAL 1862-63. 

ADJOURNED SESSION. 



MOKDAY, Jantaky 19, 1863. 
A number of Senators met in the Senate Chamber, at 11 
o'clock, A. M., and it having been ascertained by the Princi- 
pal Clerk, upon a call of the roll of the Senate, that a quorum 
was not present, Mr. "Wiggins moved to adjourn until to- 
morrow morning 11 o'clock, and it was so agreed. 



TUESDAY, Jaotaby 19, 1863. 

Prayer by Eev. Mr. Hardie. 

Willie D. Jones, Senator elect to fill the vacancy occasioned 
by the resignation of John P. H. Russ, from the 24th District, 
presented a certifi<;ate of his election and was qualified 
according to law. 

Mr. "White introduced a bill entitled " A bill to incorporate 
the Yestal's Ford Toll Bridge Company," which was read 
first time and referred, on his motion, to the Committee on 
Corporations. 

The bill entitled " A bill to secure the property of married 
women," was taken up and read a second time. Said bill was 
postponed, on motion of Mr. Faison, until Friday next, and 
was made the special order for that day at 12 o'clock. 

Mr. Smith, of Macon introduced a resolution entitled 
** Resolution in reference to the purchase of a machine for 
the manufacture of cotton cards," which was read first time, 
when, on his motion, the rules were suspended and said 
resolution was read a second time. 



6 SENATE JOUKNAL, [Session 

Mr. Graham moved to refer to the Committee on Agricul- 
ture, and it was not agreed to. 

Mr. Holeman moved to refer to a select committee, and 
the resolution was so referred. 

The Speaker announced as said select committee, Messrs. 
Smith of Macon, Young, Holeman, Wiggins and Adams of 
Guilford. 

A message was received from the House of Commons, that 
they propose to the Senate to postpone the joint order for the 
appointment of Justices of the Peace, until Saturday next, 
which was agreed to ; also a message that they transmit an 
engrossed bill entitled " A bill to amend an act passed at the 
present session of the General Assembly entitled " An act to 
amend the ordinance of the Convention entitled ' An ordi- 
nance to make some provision for the families of soldiers dying 
in service, ratified 22d February, 1862, and for other purpo- 
ses," which was read first time, when the rules were suspen- 
ded, on motion of Mr. "Wright, and the same was read a 
second time and passed. Said bill having been read a third 
time, Mr. Brown moved to amend by adding as follows : 
" and when the son dies in the service, leaving his mother 
surviving him, and his father shall have been absent from the 
State six years and not heard from, then, the bounty or other 
sum of money due to the estate of the son, shall be paid to 
the mother. 

Mr. Eure moved to amend the amendment by striking out 
"six years" and inserting "one year," which was accepted, 
and the amendment was adopted, and the bill as amended 
passed. 

The bill entitled "A bill to transfer the jurisdiction of the 
Courts of counties occupied or controlled by a public enemy," 
was taken up, and on motion of Mr. "Warren laid on the table. 

The engrossed bill entitled " A bill for the relief of Wm. E. 
Mann, late Sheriff of Pasquotank county, was read a second 
time and passed. 

The bill entitled "A bill for the relief of persons who have 
overpaid or may hereafter overpay taxes," was read a second: 



1862-'63.] SENATE JOURNAL. Tv. 

time. Mr, Murrill asked for the yeas and nays on the ques- 
tion of its passage, and one-fifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Arendell, Carroway, Dickson, 
Drake, Ellis, Eure, Faison, Harris, Lindsay, Murrill, Sanders, 
Simpson, Sharpe, Smith of Macon, Smith of Stanly, Whitford, 
White, Wooley and Young — 20. 

Those who voted in the negaiive are, 

Messrs. Adams of Guilford, Bagley, Brown, Dickerson,IIall, 
Holeman, Lassiter, Leitch, Matthews, Taylor of Chatham, 
Warren, Wiggins and Wright — 13. 

So the bill passed its second reading. And, on motion of 
Mr. Sharpe, the Senate adjourned until to-morrow morning 
10 o'clock. 



WEDNESDAY, jANtiiJBT 21, 1863. 

Mr. Smith, of Macon, from the Select Committee, to whom 
was referred the resolution entitled, " Resolution in reference 
to the purchase of a machine for the manufacture of Cotton 
Cards, &c.," reported a resolution as a substitute and recom- 
mended that it do pass. 

On motion of Mr. Smith, of Macon, the rules were suspend- 
ed and the foregoing resolution was read a second and third 
time (the substitute having been adopted) and passed. 

Mr. Adams, of Guilford, introduced a bill entitled "A bill 
to authorize and enable C. A. Boon, late Sheriff of Guilford 
County, to collect arrearages of taxes," which was read firs^ 
time, when, on his motion, the rules were suspended and the 
same was read a second time and passed. Said bill was read 
a third time, and Mr. White moved to amend by adding the 
name of Joseph Luske, Sheriff of Gaston County, which was 
agreed to. ^, 

Mr. Slaughter moved to ajnend by striking out the words 
*^ one thousand, eight hundred ^nd fifty-eight," and inserting 



8 SENATE JOUBNAL. [Session 

" one thousand, eight hundred and sixty," whicli was not 
agreed to, and the bill as amended passed. 

The bill entitled " A bill to organize the State Reserves," 
was read a second time, an4, on motion of Mr. Sharpe, laid 
on the table. 

The engrossed bill entitled " A bill to raise ten thousand 
volunteers for the defence of the State," was taken up, on 
motion of Mr. Murrill, and postponed until, and made the 
special order for to-morrow, 12 o'clock, on motion of Mr. 
Brown. 

The engrossed resolution entitled "Resolution to refund 
Harnett County money expended for Col. Alex. Murchison's 
cavalry company," was read a second time, and on motion of 
Mr. Sharpe, laid on the table. 

An engrossed bill entitled " A bill to incorporate the town 
of Chestnut Hill, in Rowan County," and an engrossed reso- 
lution entitled " Resolution in reference to the purchase of 
Inachinery for the manufacture of Cotton Cards, &c.," were 
transmitted to the House of Commons. 

A message was received from the House, that they agree 
to the amendment made by the Senate to the engrossed bill 
entitled " A bill to amend an act passed the present session 
of the General Assembly entitled " An act to amend the or- 
dinance of the Convention entitled, 'An ordinance to make 
some provision for the families of soldiers dying in service, 
ratified 22d February, 1862, and for other purposes,' " said 
bill is ordered to be enrolled. 

The bill entitled " A bill to continue in force the ordinance 
of the Convention providing for an increase of the salaries of 
the Comptroller and Secretary of State, passed and ratified 
the 9th day of May, A. D,, 1862," was read second time and 
on motion of Mr. Wiggins, laid on the table. 

The engrossed bill entitled " A bill to admit proof of the 
handwriting of attesting witnesses in certain cases," and the 
engrossed resolution entitled, "nflesolution authorizing the 
Door-Keeper of the House to purchase a Flag of the Confed- 
erate States of America," were read a second time-and passed. 



1862-'63.] SENATE JOURNAL. 9 

The bill entitled " A bill regulating the service of process 
on the Southern Express Company," was read a second time 
and referred, on motion of Mr. Graham, to the Committee on 
the Judiciary. 

The bill entitled " A bill to rate articles of prime necessity 
in the several Counties of the State," was read a second time 
and referred, on motion of Mr. Hall, to the Committee on 
Propositions and Grievances. 

A message from the House of Commons was received, that 
they transmit certain engrossed bills and resolutions entitled 
as follows, to wit : 

"Resolution in favor of Charles Byrd ;" 

" Resolution in favor of M. Walker, Sheriff of Rutherford 
County ; " 

" Resolution in reference to the Engrossing Clerks ; " 

" A bill to legalize the Acts of a County Court in Lincoln 
County ; " 

" A bill to authorize incorporated towns to lay an ad valo- 
rem tax on slaves ; " 

"A bill to amend the act ratified 20th December, 1862, en- 
titled 'An act to provide ways and means for supplying the 
Treasury ; ' " 

" A bill authorizing the Governor to employ a Messenger 
for the Executive Department ; " ^ 

" A bill in favor of Gideon B. Threadgill, late Sheriff of 
Anson County." 

The foregoing bills and resolutions were read first time. 

The bill entitled, "A bill authorizing the President and Di- 
rectors of the Literary Fund of North-Carolina to elect a Trea- 
surer," was read a second time, and laid on the table on mo- 
tion of Mr. Matthews. 

The engrossed resolution entitled, "Resolution in relation 
to the exchange of salt," was read a second time and passed, 
when, on motion of Mr. Taylor of Chatham, the rules were 
suspended and the same was read a third time and passed. 

The engrossed bill entitled, " A bill to amend the 46th 
chapter of the Revised Code, 18th section," was read a se- 



10 SENATE JOUENAL. [Session 

cond time and referred, on motion of Mr. Hall, to the com- 
mittee on the Judiciary. 

Mr. Graham introduced a bill entitled, " A bill to modify 
an act entitled, ' An act to change the jurisdiction of the 
Courts and the rules of pleading,' passed at the second extra 
session of the General Assembly, 1861, commonly called the 
Stay Law," which was read first time and referred, on mo- 
tion of Mr. Hall, to the Committee on the Judiciary, and al- 
so, on motion of Mr. Eure, ordered to be printed. 

The engrossed resolutions entitled, " Resolutions in relation 
to prisoners confined in the military prison at Salisbury," 
were read a second time and referred, on motion of Mr. Hall, 
to ther Committee on Propositions and Grievances. 

On motion of Mr. Sharpe, the Senate adjourned until 10 
o'clock to-morrow morning. 



THURSDAY, Januakt 22, 1863. 

Mr. Graham introduced a resolution which was adopted, 
to wit : 

" Resolved^ That a select committee of two on the part of 
the Senate and three on thepartof the House of Commons, be 
appointed tp examine the apartments of the Capitol building, 
and report a scheme, for distributing the same among the 
several State officers so as to facilitate the transaction of pub- 
lic business." 

Mr. Graham also introduced a bill entitled, " A bill to au- 
thorize the Auditor of Public Accounts to administer oaths," 
which was read first time, when, on his motion, the rules 
were suspended and said bill was read a second and third 
time and passed. 

Mr. Simpson introduced a bill entitled " A bill to increase 
the pay of jurors and witnesses," which was read first time 
and referred, on his motion, to the committee on the Judiciary. 

Mr. Taylor, of Chatham, introduced a bill entitled "A bill 
to amend an act passed 1844-'45, to incorporate the town of 



1862-'63.] SENATE JOURNAL^} 11 

Pittsboroughj in the Countj of Chatham," which was read 
first time. 

Mr. Hall introduced a bill entitled " A bill to authorize 
Malcolm Mclnnis to distill from grain the article of alcohol 
for mechanical and medical purposes," which was read first 
time and referred, on his motion, to the Committee on Propo- 
sitions and Grievances. 

The Speaker announced as the Committee on Enrolled 
Bills, for the remainder of the present week, Messrs. White, 
Eaison and Adams of Davidson. 

Mr. Bagley introduced a resolution instructing the Com- 
mittee on Military Affairs to inquire whether at the com- 
mencement of the war the authorities of this State did not 
furnish the State of Virginia with several thousand stand of 
arms, for which there has been received neither pay nor 
voucher, and if so, how many, of what kind and their proba- 
ble value, and recommend such way as they may deem best 
to secure payment for the same or their return, which was 
adopted. 

The bill entitled "A bill for the relief of persons who have 
overpaid or may hereafter overpay taxes," was read a third 
time, and Mr. Leitch moved to strike out section 3, which 
was not agreed to, and the bill passed. 

The engrossed resolution entitled " Resolution authorizing 
the Door-Keeper of the House to purchase a Flag of tlie 
Confederate States of America, &c.," and the engrossed bill 
entitled, " A bill to admit proof of the hand-writing of atlesr- 
ing witnesses in certain cases," were read a third time and 
passed. 

The following entitled, engrossed bills were read a second 
time and passed, to wit : 

" A bill to legalize the acts of the County Court in Lincoln 
County;" "A bill authorizing the Governor to employ a 
messenger for the executive department ;" " A bill to amend 
the act ratified the 20th December, 1862, entitled ' An act 
to provide ways and means for supplying the Treasury ;' " and 



12 SENATE JOURNAL. [Session 

" A bill to authorize Incorporated Towns to levy an ad valorem 
tax on slaves." 

A message was received from the House of Commons, that 
they transmit a report of the Board of Claims and accompa- 
nying papers, which were referred, on motion of Mr. Graham, 
to the Committee on Claims ; also, a message, that they trans- 
mit the message of his Excellency, the Governor, and accom- 
panying documents, to wit : communications in relation to the 
guaranteeing of Confederate bonds from the Executive De- 
partments of South-Carolina, Alabama, and Florida, and a 
communication from the Honorable James A. Seddon, Sec- 
retary of War, in relation to the arrest &c., of R. J. Graves, 
and propose that the same be printed ; which, on motion of 
Mr. "Wiggins, was agreed to. 

On motion of Mr. Young, a message was sent to the House, 
that the Senate proposes to raise a joint select committee to 
whom should be referred the communications from the Exec- 
utive Departments of South-Carolina, Alabama, and Florida, 
and to consist of three (3) on the part of the Senate and five 
(5) on the part of the House. 

A message was received from the House, that they agree 
to the proposition to raise a joint select committee to exam- 
ine, &c., the Capitol building departments, &c., and appoint 
Messrs. Foust, Russ and Bnrgin as its part of said cc)mmittee. 

The Speaker announced Messrs. Lane and Wiggins as the 
Senate branch of said committee. 

The order of the day, being the bill entitled " A bill to raise 
ten thousand volunteers for the defence of the State," was 
read a second time, and the pending question being the 
amendment proposed by Mr. Outlaw, Mr. Hall asked thereon 
the yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Copeland, Dickson, Drake, Faison, Hall, Harris, 
Holeman, Lane, Powell, Taylor, of Nash, Whitford, White 
and Young — 13. 

Those who voted in the negative are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arcndell, 



1862-'63.] SENATE JOUEJSAL. 13 

Bagley, Brown, Carroway, Dickerson, Ellis, Graham, Jarratt, 
Jones, Lassiter, Leitch, Lindsay, Matthews, Murrill, Patrick, 
Sanders, Simpson, Sharpe, Smith, of Macon, Smith, of Stanly, 
Taylor, of Chatham, Warren, Wiggins, Wooley and Wright 
—27. 

So the amendment was not adopted. 

Mr. Ellis proposed to amend as follows, to wit : 

" Whereas, heretofore an act was passed by the General 
Assembly of ISTorth-Carolina at its session of 1860-'61, author- 
izing the Governor of the State to accept of volunteers for 
State service : And, whereas, the raising of said volunteers 
was not carried into effect at the time of the passage of said 
law : And, wheroas, the Legislature in the passage of the fol- 
lowing military bill, now under consideration, desire to be 
understood as offering no impediment to the operation of the 
conscription act of Congress, and disclaim any intention 
to throw itself in conflict with the President of the Confeder- 
ate States or the authorities at Richmond, but simply to carry 
out the provisions of an act of the General Assembly by which 
a State force shall be organized ; " therefore 

Upon this question Mr. Hall asked for the yeas and nays, 
and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Blount, Copeland, Dickson, Drake, Ellis, Faison, 
Hall, Harris, Holeman, Jones, Lane, Murrill, Powell, Taylor, 
of Nash, Whitfbrd, White, Wiggins and Young — 18. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Ai-endell, 
Bagley, Brown, Carroway, Graham, Jarratt, Lassiter, Leitch, 
Lindsay, Matthews, Patrick, Sanders, Simpson, Sharpe, 
Slaughter, Smith, of Anson, Smith, of Macon, Smith, of 
Stanly, Taylor, of Chatham, Warren, Wooley and Wright — 24. 

So the amendment was not adopted. 

Mr. Murrill, moved to amend as follows : 

" Provided That persons liable to the conscript laws shall 
not be accepted and enrolled in such service unless the Gov- 
ernor of the State shall be of opinion that such acceptance 



14 SENA.TE JOUENAL. [Session 

and enrollment in the service of this State will in no way- 
operate against a satisfactory execution of any agreement 
between the authority of this State and the Confederate 
States for the enforcement of the conscription laws. And, 
provided further^ That this act of acquiescence on the part of 
this General Assembly shall not be considered as an acknowl- 
edgement of the constitutionality of said conscript laws, or be 
drawn into precedent in the legislation of this State hereafter." 

On this question, Mr. Murrill asked for the yeas and nays, 
and one-fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Arendell, Drake, Ellis, Murrill and White —5. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Bagley, 
Blount, Brown, Carroway, Copeland, Dickson, Dickerson, 
Faison, Graham, Hall, Harris, Holeman,Jarratt, Jones, Lane, 
Leitch, Lindsay, Matthews, Patrick, Powell, Sanders, Simp- 
son, Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, 
Smith, of Stanl}'^, Taylor, of Chatham, Taylor, of Nash, "War- 
ren, Whitford, Wiggins, Wooley, Wright and Young — 37. 

So the amendment was not adopted. 

Mr. Lane moved to amend by inserting in see. 1 line 11, 
after the words " Confederate States," the words " or subject 
to the act of Congress known as the conscript law," pending 
which motion, after some discussion, the Senate adjourned 
nntil to-morrow morning 10 o'clock, on motion of Mr, 
Slaughter. 



FRIDAY, January 23, 1863. 

Prayer by Rev. Mr. Hardie. 

Mr. Hall presented a memorial from sundry citizens of 
Wilmington, in relation to the passage of a bill to permit 
Malcolm Mclnnis to distil alcohol for medical and mechanical 
purposes, and also sundry letters in reference to the same 
subject, which were read, and on his motion laid on the table. 



1862-'63.] SENATE SOURITAL. 15 

A petition from sundry citizens of Alamance county, pray- 
ing the passage of a law authorizing the sale of free persons 
of color for a term or time, in order to compel them to pay 
their debts, was presented by the Speaker, and on motion of 
Mr. Lassiter, laid on the table. 

Mr. Lassiter from the Committee on Propositions and 
Grievances, reported back the bill entitled "A bill to rate 
articles of prime necessity in the several counties of the 
State," and the resolution entitled " Resolution in relation to 
prisoners confined in military prisons at Salisbury," and asked 
to be discharged from the further consideration of the same, 
and the Committee were so discharged ;, also, upon the bill 
entitled " A bill to authorize Malcom Mclnnis to distil from 
grain the article of alcohol for mechanical and medical pur- 
poses," recommending amendments thereto. 

Mr. Sanders introduced a resolution entitled " Eesolution 
in favor of Mary C. Gulley," which was read first time and 
referred, on his motion, to the Committee on Claims.^ 

Mr. Patrick introduced a resolution entitled " Eesolution in. 
relation to the seizure and imprisonment of Wm. C. Loftin, 
a citizen of Lenoir county," which was read, and laid on the 
table by the following vote, upon a call for the yeas and nays 
by Mr. Murrill, one-fifth agreeing thereto, to wit : 

Those who voted in the afiirmative are, 

Messrs. Adams, of Guilford, Arendell, Bagley, Brown, Car- 
roway, Dickson, Dickerson, Drake, Ellis, Harris, Holeman, 
Jones, Lane, Murrill, Powell, Simpson, Smith, of Anson, Tay- 
lor, of Nash, Whitford, White and young--'21. 

Those who voted in the negative are, 

Messrs. Adams, of Davidson, Blount, Faison, Jarratt, Las- 
siter, Leitch, Patrick, Smith, of Macon, Taylor, of Chatham, 
"Warren, Wiggins, Wooley and Wright — 13. 

Mr. Warren introduced a bill entitled " A bill to enforce 
and make more effectual an act of the General Assembly, rat- 
ified December 22, 1862, regulating the payment of bounty," 
which was read first time, when the rules were suspended, on 
his motion, and said bill was read a second time. 



le SENATE JOURNAL. [Session 

An amendment proposed by Mr. Ellis, to wit : Add at the 
end of section 1, the words " but such Captain shall certify 
as to the citizenship on honor," was accepted, and the bill as 
amended passed, and was read a third time and passed. 

Mr. Arendell from the Committee on Corporations, report- 
ed upon the bill entitled "A bill to incorporate Vestals Ford 
Toll Bridge Company," and recommended that it do pass. 

Mr. Ellis introduced a bill entitled "A bill to amend the 
6th section of the 48th chapter of the Revised Code, entitled 
" Fences," and a resolution entitled " Resolution in favor of 
Rufus Galloway and Lewis Williamson," which were read 
first time and referred, on his motion, to the Committee on 
Propositions and Grievances. 

A message from the House of Commons was received, that 
they agree to the proposition of the Senate to raise a joint 
select committee, to whom should be referred the communi- 
cations relating to a guarantee of the Confederate debt, from 
the Ej:ecutive Departments of South-Carolina, Alabama and 
Florida, and appoint Messrs. Grissom, Shepherd, Person, 
Shober and Allison the House branch of the committee. 

The Speaker announced Messrs. Young, Brown and Blount 
as the Senate branch of said committee. 

Another message was received from the House, that they 
transmit an engrossed bill entitled "A bill to incorporate the 
Western North-Carolina Mining, Smelting and Copperas 
Manufacturing Company," which was read first time. 

Also, a message that they propose to go into an ©lection 
for nine Trustees of the University, on Monday, at 1 o'clock, 
which, on motion of Mr. Brown, was laid on the table. 

Another message was received from the House of Com- 
mons, that they transmit the following engrossed bills entitled, 
to wit: 

" A bill to change the Probate Courts for Rutherford Coun- 
ty," which was read first time, when the rules were suspend- 
ed, on motion of Mr. Dickerson, and the same was read a 
second and third times and passed ;" 



1862-'63.] SENATE JOURNAL. 17 

" A bill to legalize the proceedings of a County Court in 
Henderson County," which was read first time;" 

" A bill to alter the time of holding the Courts of Pleas and 
Quarter Sessions for the County of Stokes," which was read 
tirst time, when the rules were suspended, on motion of Mr. 
Matthews, and the same was read a second and third times 
and passed ; " and 

" A bill to change the time of holding the Courts of Pleas 
and Quarter Sessions in the County of Ashe," which was read 
lirst time, when the rules were suspended, on motion of Mr. 
Jarratt, and the same was read a second and third times and 
passed. 

The following entitled bills were sent to the House of Com- 
mons, duly engrossed, to wit : 

" A bill for the relief of persons who have over paid, or may 
liereafter over pay taxes ; " 

" A bill to authorize and enable C. A. Boon, late Sheriff of 
Guilford County to collect arrearages of taxes ; " and 

"A bill to authorize the Auditor of Public Accounts to ad- 
jninister oaths." 

The bill entitled " A bill to raise ten thousand volunteers 
for the defence of the State," was taken up, the pending ques- 
tion being on the amendment proposed by Mr. Lane, on yes- 
terday. 

After some debate, Mr. Lindsay moved to postpone the 
bill until to-morrow, 11 o'clock ; which was not agreed to. 

A message was received from the House ot Commons, that 
they transmit a message from his Excellency, the Governor, 
with an accompanying paper from A. J. and T. J. Jones, in 
relation to the making salt, and propose that the same be re- 
ferred to the Joint Select Committee on the Governor's mes- 
sage, so far as it relates to salt; which was agreed to. 

On motion of Mr. Graham, the Senate adjourned until to- 
morrow morning, 10 o'clock. 



18 SEKATE JOUKKAL. [Seaaio?; 

SATUKDAY, January 24, 1863. 

Prayer by Kev. Mr. Latisdale. 

Mr. Murrill for tlie Coramittee on Claims reported upon 
the "Resolntion in favor of Mary C. Gully/' and recommen- 
ded that it do pass. Said resolution was taken up subse- 
quently, on motion of Mr. Murrill^ and the rules having beeii 
suspended was read a second and third time and passed. 

Mr. Hall moved to take from the Committee on the Judici- 
ary the bill referred to them entitled " A bill to modify an 
act entitled ' An act to change the jurisdiction of the Courts 
and the ruTes of pleading," passed secorid Extra Session of the 
General Assembly, 1861, commo/ily called the Stay Law," 
and refer the same to the Joint Select Committee on so mud. 
of the Governor's Message as relates to the subject. The 
motion was not agreed to. 

Mr. Ijassiter, from the Coramittee on Propositions and 
Grievances reported upon the resolution entitled ''' Resolu- 
tion in favor of Rnfus Galloway and Lewis WilliaTdson/'^ 
recommending that it do pass, and a memorial of J. II. 
iStewart and others, recommending that the prayer of the 
memorialists be granted ; also, he reported back fi om the 
same committee, " A bill to amend the 6th section of the 
48th chapter of the Revised Code, entitled "Fences," and 
asked to be discharged from its further consideration, and the 
committee were so discharged. 

Mr. Wooley introduced a bill entitled " A bill to amenc 
the 18th section of the 28th chapter of the Revised Code, ii^ 
relation to f es of committees of Finance," which was read 
first time, when, on his motion, the rules were suspended, 
and the same was read a second and third times and passed. 

On motion of Mr. Graham, so much of the Governor's mes- 
-■age as relates to the public defences, was referred to the 
Committee on Military Affairs, 

Mr. Lindsay introduced a resolution, that the Senate pro- 
poses to the House of Commons, to hold a joint secret ses 
sion on Monday next, at 12 o'clock, for the purpose of re- 
ceiving such communication as the Govenior mav have tc 



l8(52-'63.] SENATE JOUHNAL. 19 

maie to the General Assembly, and that a select committee 
of two on the part of the Senate and three on the part of the 
House, be appointed to wait on his Excellency, the Governor, 
and to request him to give to the General Assembly such 
facts as are in his possession, in relation to the Confederate 
force now in North-Carolina ; which was adopted. 

And a message accordingly was sent to the House of Com- 
mons from whom a message was received, tbat they agree to 
said proposition, and appoint Messrs. Albritton, Bynum, and 
Foust, as the committee on their part. 

The Speaker announced Messrs. Lindsay and Ellis as the 
committee on the part of the Senate. 

Mr. Young introduced a bill entitled, " A bill to amend an 
act passed at this session of the General Assembly, entitled, 
an act for the relief of our sick and wounded soldiers," which 
was read lirst time and referred, on motion ot Mr. Lassiter, 
to a Select Committee. 

Mr. Blount introduced a bill entitled, " A bill for the bene- 
fit of the tamilies of soldiers dying in the service," which wai 
read first time and referred, on his motion, to the Committee 
on Military Affairs. 

Mr. AVhitford introduced a resolution in lav'or of A. C. 
Latham, Sheriff of Craven County, which was mad first time. 

The following bills, duly engrossed, were transmitted to the 
House of Commons, to wit: "A bill to incorporate the town 
of Dallas, in the County of Gaston," and "A bill to enforce 
and make more effectual, an act of the General Assembly, 
ratified December 22, 1862, regulating tbe payment of bounty. 

Mr. Jarratt introduced a bill entitled, " A bill concerning 
the County site of Mitchell County," which was read first 
time and referred, on his motion, to the Committee on Pro})©- 
sitions and Grievances. 

On motion of Mr. Young, the resolutions entitled, " Reso- 
lutions relating to the cuiTency," were taken up and referred 
to the Joint Select Committee on the Communications rela- 
ting to a guarantee of the debt of the Confederate States. 

Mr, Smith, of Maoon, from' the Joint Select Committee, on 



20 SENATE JOURNAL. [Session 

the Governor's message so far as it relates to salt, reported a 
resolution entitled "Resolution authorizing the Governor to 
make contracts for the manufacture of salt," &c., which was 
read first time, when, on his motion, the rules were suspended, 
and the same was read a second and third time and passed. 

Said resolution was duly engrossed and sent, by order of 
the Senate, to the House of Commons, on motion of Mr. Ellis. 

The engrossed bills entitled "A bill for the relief of Wm. 
E. Mann, late sheriff of Pasquotank county." 

" A bill to establish a Female Seminary in Davidson county 
by the name of Beatavilla," and the engrossed resolution 
entitled 

" Resolution in favor of John Fisher," were read a third 
time and passed. 

The resolution entitled " Resolution in favor of Capt. L. L. 
Clements, of the county of Martin," as amended, was read a 
third time and passed. 

The following engrossed bills and resolutions, on their sec- 
ond reading were read, (the rules having been suspended,) a 
second and third time and passed, entitled to wit : 

" A bill to incorporate the Western North Carolina Mining, 
Smelting and Copperas Manufacturing Company," which was 
amended by striking out the name of D. W. Courts. 

A bill to incorporate the Silver Lead Mining Company ; 

A bill in favor of Gideon B. Threadgill, late Sheriff of An- 
son County ; 

A bill in favor of J. H. Allen ; 

A bill to incorporate the Unacoy and Hiawassee Turnpike 
Company, in the counties of Cherokee and Clay ; 

A bill to allow M. L. F. Redd, late Sheriff of Onslow 
Oounty to collect taxes due him ; 

A bill in favor of Thomas J. Carr, late Sheriff of Duplin 
county ; 

A bill to amend the Charter of the city of Raleigh ; 

A resolution in favor of Oscar D. Johnson, an inmate of the 
In«ane Asylum ; 

ilesolutian in favor of Drury King; 



1862-'63.] SENATE JOUKNAL. ^"^ 

Resolution in favor of W. W. Long, Sheriff of Yadkin 
County ; 

Resolution in favor of M. L. Brittain ; 

Resolution in favor of W. H. Bryson ; 

Resolution in favor of Chas. Byrd ; 

Resolution in reference to the Engrossing clerks ; and 

Resolution in favor of M. Walker, Sheriff of Rutherford 
County. 

The following bills and resolution were also read, under a 
suspension of the rules, a second and third time and passed, 
entitled, to wit : 

A bill to incorporate Yestals Ford Toll Bridge Company ; 

A bill concerning the State Educational Association of 
North Carolina; 

A bill to amend an act passed, 1844 and 1845, to incorpor- 
ate the town of Pittsborough, in the County of Chatham, 
and 

Resolution in favor of the Executrix of the late Judge, J. M. 
Dick. 

The bill entitled, " A bill concerning salt," was read a se- 
cond time, and on motion of Mr. Wiggins, laid on the table. 

The resolution entitled, " Resolution in favor of Mr. Kor- 
negay," was read a second time and rejected. 

On motion of Mr. Murrill the bill entitled, " A bill to raise 
Ten thousand volunteers for the defence of the State," was 
taken up, and Mr. Slaughter moved to postpone the same un- 
til Wednesday, 12 o'clock, which was agreed to. 

Mr. Hall moved to adjourn until Monday morning, 10 
o'clock. Not agreed to. 

On motion of Mr. Matthews, the bill entitled, "A bill to se- 
cure the property of married women," was taken up ; and, on 
motion of Mr. Faison, said bill was made the special order for, 
and postponed until Tuesday next, 12 o'clock. 

On motion of Mr. Slaughter, the Senate adjourned until 
Monday morning, 10 o'clock. 



22 SENATE JOURITAL. [SessIcD 

MONDAY, Januaet 26, 1862. 

Senate met at 10 o'clock, Mr. Lassiter, of Granville, in the 
chair. 

Prayer by Rev, Dr. Wm. Gloss. 

Mr. Warren asked leave of absence for tlie Principal clerk 
lor the day, which was granted. 

Mr. Lindsay, from the Joint Select Committee, to wait, on 
His Excellency, the Governor, stated that His Excellency 
would meet the General Assembly in secret session, at 12 
o'clock M., to-day. 

The engrossed bills, entitled as follows, were read a third 
time and passed, to wit : 

A bill to legahze the acts of a County Court in Lincoln 
county. 

A bill authorizing the Governor to employ a messenger for 
the Executive department ; and, 

A bill to amend the act ratified the 20th December, 1862, 
entitled, " An act to provide ways and means for supplying 
the Treasury." 

A message was received from the House of Commons, that 
they transmit engrossed bills and resolutions, entitled, to 
wit : 

A bill to authorize and empower Isaac A Rue, late Sheriff 
of McDowell county, to collect arrears of taxes due said Sher- 
iff, for the yeai-s 1860 and 1861 ; 

A bill to amend "An act to empower the commissioners of 
the town of Wilmington, to establish streets in said town, and 
for other purposes ; and, 

Resolutions to correct error on the Tax Roll of Burke 
county," &c., which were read first time ; 

Resolution concerring flogging in the Confederate States' 
army, which was read first time and referred, on motion of 
Mr. Graham, to the Committee on Military Affairs ; 

A bill for the benefit of persons who have entered vacant 
lands, which was read first time, when the rules were sus- 
pended, on motion of Mr. Bagley, and the same having been 



1862-'63.] SENATE JOURNAL. 23 

read a second time, was referred, on motion of Mr. Graham, 
to the Committee on Judiciarj'^ ; 

Resohition in favor of John A Long, which was read first 
vinie, when tlie rules were suspended, on motion of Mr. Leitch, 
and tlie same was read a second and third times, and 
passed. 

The engrossed bill entitled, " A bill to authorize incorpo- 
rated towns to laj an ad valorem tax on slaves," was read a 
third time, and Mr. Young moved to amend by adding as 
follows, to wit: '■' AxxA provided further, That the valuation 
of slaves by any corporation shall aot exceed that levied by 
fhe Revenue Laws of the State, for State purposes," which 
was agreed to. Said bill, on motion of Mr. Young, was laid 
<on the table. 

The bill entitled "A bill to rate articles of prime neces- 
sity in the several counties of the State," was read a second 
time, and laid on the table, on motion of Mr. Lindsay. 

A message was received from the House of Commons, 
that they invite the Senate to meet in the Commons Hall, at 
12 o'clock, M., to-day, to receive, &c.. His Exce]Iency,^the 
Governor, in secret session, which was agreed to. 

The Senate accordingly, at 12 o'clock, M., proceeded to 
the Commons Hall, and the two Houses went into secret 
■session, His Excellency the Governor being present. 

The Senate having resumed the consideration of business 
m open session, a message was received from the House cf 
Commons, that they recommend certain persons to be ap- 
pointed and commissioned as Justices of the Peace for their 
several counties, which was agreed to, except as subse- 
Kjuently modified. 

Mr. Young moved to add to the names of those recom- 
mended for Mecklenburg county, N. B. Taylor and G. W. 
McDonald ; which waa agreed to. 

The name of Daniel Ray of Sampson, was also added, on 
motion of Mr. Faison, 

Mr. Ellis moved to strike Irom the list recommended from 
Columbus, the names of Calvin C. Gore and A. B, Hilh 



24 SENATE JOURNAL. [Session 

which was agreed to, and on his motion also, the name of 
Henry W. Hardy, of Watanga, was added. 

On motion of Mr. Patrick, Samuel R. Harper, of Greene : 
J. B. Allison and D. D. Davis of Jackson, on motion of Mr. 
Smith of Macon ; Benjamin Leecraft and Bridgers Arendell 
of Carteret, on motion of Mr. Arendell; John R Dunn of 
"Wake, on motion of Mr. Jones; John Berry, Allen Brown 
and Qnentin A. "Ward of Orange, on motion of Mr. Graham, 
were added to said recommendation. Also, by Mr. Lindsay, 
for Curritnck, "W. S. Murcer, Thomas Sanderlin, A. O. Dey, 
George Snowder, Israel Ayetette, Alexander Owens, Peter 
Forbes and H. E. Baxter, and for Camden, S. Chamberlaine, 
R. H. Berry, T. J. Etheridge, T. J. Nash, J. D. Bnrfoot, Al- 
fred Abbott and Mark Gregory ; by Mr. Dickson, for Dnplin, 
J. W. Gillespie, Marshall B. Jones, B. D. Ford and A. O. 
Grady ; by Mr. "Warren, for Beaufort, Thos. D. Sraaw, John 
S. Mc"Williams, B. F. Harding, John W. Litchfield, Riley 
Russ, J. W. L. Harvey, George Tankard and W. "Windley : 
by Mr. Bagley, for Pasquotank, John M. Matthews, Wm. W. 
Griffin, Dr. James N. Butt, James M. "Whedbee, John L, 
Wood, Gardner Sawyer and Benjamin F. Jennings ; bj' Mr. 
Sharpe, for Alexander, E. M. Stevenson, S. H. Rogers, H. H„ 
Dunn, W. S. Teague, John Rhem and Thos. Barnes ; by Mr. 
Slaughter, Zephaniah Askew for Hertford, were added. 

Mr. Wn'o^ht moved to add after the name of Geo. Holmes, 
of Cumberland, the words, "son of Archibald," and also, the 
names of John D. McArthur and Erasmus H. Evans, which 
was agreed to. 

Mr. Jarratt moved to add the name of N. H. Blackwood, 
of Surry ; Mr. Murrill, the names of Daniel A. Hargett and 
Isaac N. Sanders, of Onslow ; Mr. Whitford, B. E. Dudley, 
of Craven ; Mr. Ellis, the names of Shadrick "Wooten and 
Wm. Bradly, of Bladen, also, D. S. Cowen, J. H. Brooks and 
John R. Swain, of Brunswick, which motions severally were 
agreed to. 

On motion of Mr. Copeland, the name of James Lassiter a? 



1862-'63.] SENATE JOURNAL. 25 

recommended for Northampton, was stricken out and the 
name of Wm. Boone inserted in lieu thereof. 

Resohitions in relation to prisoners confined in the military 
prison at Salisbury, were read a second time, and amended 
on motion of Mr. Warren, by inserting in the first resolution, 
line 3rd, after the word " Salisbury," the words " citizens of 
North-Carolina ;" and by inserting in 4th line after the word 
*' department," the words, " after our soldiers are supplied," 
on motion of Mr. Drake. 

Mr. Murrill moved to add to section 1st, this proviso, to 
wjt : " Provided^ said prisoners are not able, by any means 
of their own, to famish and pay for the same," pending which 
motion, Mr. Lindsay moved to adjourn until to-morrow morn- 
ing 10 o'clock, and the Senate adjourned accordingly. 



TUESDAY, Januauy 27, 1863. 

The Senate met, Mr. Lassiter, of Granville, in the 'chtiir. 

Mr, Arendell, for the Committee on Propositions and Griev- 
ances, reported upon the bill entitled, " A bill concerning 
the county site of Mitchell county," and recommended that 
it do pass. 

Mr. Leitch, for the Committee on the Judiciary, reported 
upon the bill entitled, " A bill to modify an act entitled, 
' An act to change the jurisdiction of the Courts and Rules 
of Pleading,' passed at the second extra session of the Gen- 
eral Assembly, 1861, commonly called the Stay Law," and 
recommended that it do not pass. 

Mr. Warren, from the same committee reported upon, re- 
commending their passage, engrossed bill entitled, " A bill 
to amend the 4:6th Chapter of the Revised Code, 18th Sec- 
tion,'" and the bill entitled, " A bill regulating the service of 
process on the Southern Express Company." 

Mr. Smith, of Macon, introduced bills entitled, "A bill for 
the protection and encouragement of the wool growing and 
pork raising interests of this State," which was read first time. 



26 SENATE JOURNAL. [Session 

Also, a bill to incorporate the Tuckaseege Mining Company ; 

A bill to incorporate the Nantahala Mining Company ; 

A bill to incorporate the Macon county Mining Company, 
and, 

A bill to incorporate the Franklin Mining and Manufac- 
turing Company, which were read severally first time and re- 
ferred, on his motion, to the Committee on Corporations. 

A message was received from the House of Commons, that 
they transmit engrossed, a bill and resolution, entitled, to 
wit : " A bill in favor of Isaac Arledge," and " Resolution in 
reference to the bounty of soldiers," which were read first 
time : also, a message that they transmit an engrossed bill 
entitled, " A bill to incorporate the town of Marshall, in Ma- 
dison county, under the law for the better regulation of 
towns," and recommended A. M. Ledbetter, of Stanly coun- 
ty, as a Justice of the Peace, which was agreed to. The bill 
iransmitted was read first time. 

A communication from the Executive Department of Geor- 
;i^ia, with a message in relation thereto, was transmitted from 
the House, with a proposition to print, which was agreed to, 

Mr. Arendell introduced this resolution, to wit :. 

Whereas, Various slanderous reports have been circulated 
both in the State and out of it, reflecting upon the loyalty of 
the members of this Legislature, and ascribing to them hos- 
tility to the Confederate Government, and a desire to re-cou- 
gtruct the Union. Therefore, be it 

Resolved^ That as the representatives of the people, and 
in our own behalf as individual citizens of the State, we 
protest against and denounce these accusations as utterly 
false in letter and in spirit, as calculated to misrepresent the 
Bentiments of those who have never faltered in the support 
of all Constitutional measures for the prosecution of the wai-, 
and as tending to produce jealousies and heart burnings 
among a people who have sealed their devotion to the cause 
of Southern Independence with their blood upon the proud- 
est battle fields of the Revolution ;, that the charge of a de- 
sire on the part of this Legislature, oy any portion of it, to 



1862-'63.] SENATE JOURNAL. 27 

conflict with the Confederate Government, or to embarrass 
the President in the prosecution of the war, is grossly untrne, 
ilhberal and slanderous; that we hereby pledge oui-selves, 
most heartily and emphatically, to the most vigorous Consti- 
tutional war policy, promising in the name of Korth-Carolioa 
the most liberal contribution of men and money to the sup- 
port of it, and protesting against any settlement of the strug- 
gle which does not secure the entire independence of the 
Confederate States of America. 

Tho resolution having been read, &c., Mr. Young moved 
to amend by substituting as follows, to wit : 

Mesolved, That whatever may be said in regard to the loy- 
alty or disloyalty of the State of North- Carolina, the Legis- 
lature does not feel that any formal declaration is necessary 
oh its part to show her true position, and, as evidence of her 
loyalty to the Confederac}'^, she points to her forces in the 
iield, their gallantry in battle, and her devotion of her means 
in support of the existing revolution. 

The hour of twelve having arrived, the order of the day 
was postponed until the resolution under consideration shall 
have been disposed of, on motion of Mr. Smith, of Macon. 

Mr. Murrill moved to lay the amendment on the table, and 
asked thereon the yeas and nays and one-tifth agreeing : 

Those who voted in the affirmative, are, 

Messrs. Carroway, Copeland, Drake, Holeman, Murrill, 
Powell, Whitford, White and Young — 9. 

Those who voted in the negative, are, 

Messrs. Arendell, Bagley, Blount, Brown, Dickson, Dick- 
erson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Jones, 
Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Simpson, 
Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith 
of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, 
Wiggins, Wooley and Wright — 31. 

So the motion was not agreed to. 

Mr. Smith, of Macon, asked the yeas and nays, on the ques- 
tion recurring upon the amendment, and one^fifth agreeing : 

Those who voted in the affirmative are, 



28 SENATE JOUENAL. [Session 

Messrs. Copeland, Drake, Ho-leraaOy Murrill, Powell, "Whit- 
ford, White and Young — 8. 

Those who voted in the negative are, ♦ 

Messrs. Arendell, Baglej, Blonnt, Brown, Garroway, Dick- 
son, Dickerson, Ellis, Enre, Faison, Graham, Harris, Jarratt^ 
Jones, Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, 
Simpson, Sharpe, Slaughter, Smith of Anson, Smith of Macon,. 
Smith, of otanly, Taylor, of Chatham, Taylor, of Nash, War- 
ren, Wiggins, Woolej and Wright — 32. 

So the substitute was not adopted. 

Mr. Ellis moved to amend by adding as follows, to wit : 

" Resolved^ That all who think their loyalty questioned or 
doubted, can remove all such doubts by entering the army of 
the Confederate States ; " and asked the yeas and nays and 
one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Copeland, Ellis, Faison, Harris, Holeman, MurrilL 
Powell, Whitford, White and Young— 10. 

Those who voted in the negative are, 

Messrs. Arendell, Bagley, Blount, Brown Carroway, Dick- 
son, Dickerson, Drake, Eure, Gtaham, Jarratt, Jones, Lassi- 
ter, Leitch, Lindsay, Matthews, Neal, Patrick, Simpson, 
Sharpe, Slaughter, Smith, of Anson, Smith, of Macon, Smith, 
of Stanly, Taylor, of Chatham, Taylor, of Nash, Warren, Wig- 
gins, Wooley and Wright — 30. 

So the resolution was not adopted. 

The question now being on the adoption of the resolution. 
Mr. Wiggins asked for the yeas and nays, and one-fifth agree- 
ing : 

Those who voted in the affirmative are, 

Messrs. Arendell, Bagley, Blount, Brown, Dickson, Dick- 
erson, Ellis, Eure, Faison, Graham, Harris, Jarratt, Jones, 
Lassiter, Leitch, Lindsay, Matthews, Neal, Patrick, Powell, 
Simpson, Sharpe, Slaughter, Smith, of Anson, Smith, of Ma- 
con, Smith, of Stanly, Taylor, of Chatham, Taylor, of Nash, 
Warren, Whitford, Wiggins, Wooley an.d Wright — 33. 



a862-'63.] SENATE JOURNAL. 29 

Those who voted m the negative are, 

Messrs. Carroway, Oopeland, Drake, Murrill, White and 
Young — 6. 

So the resohition was adopted. 

The following bills and resolutions, duly engrossed were 
transmitted to the House of Commons, entitled, to wit : 

A bill to incorporate Vestals Ford Toll Bridge Company ; 

A bill to amend an act passed 1844 and 1845, to incorpo- 
a-ate the town of Pittsborough, in the oounty of Chatham ; 

A bill concerning the State Educational Association of 
jSTorth -Carolina ; 

A bill to amend the 18th Seation of the 28th Chapter of 
the Revised Code, in relation to fees of Committees of Fi- 
nance; 

Resoikition in favor of L. L, Clements of Martin County ; 

Resolution in favor of the Executrix of the late Judge J. 
M. ODick, and 

Resolution in faivor of Mary C. Gully. 

The following bills and resolutions, duly enrolled and sign- 
ed by the Speaker of the House of Coramona, having been 
transmitted to the Senate, were signed by the Speaker jpro 
dem^ entitled, to wit:: 

An act !to amend an act passed the present session of the 
'General Assembly, entitled, " An act to amend the Ordinance 
of the Con^vention, entitled 'An Ordinance to make some 
provision for the families of soldiers dying in service' ; ratifi- 
ed 22d Feibpuary, 186-2, and for other purposes." 

Resolution in relation to exchange of salt; 

An act to alter the time of holding the Courts of Pleas and 
Quarter Sessions, for the County of Stokes.; 

An act to admit proof of the handwriting of attesting wit- 
nesses in certain cases ; 

An act to amend the 1st, 12th and ^d sections of Chapter 
17th of the acts for 1860 and 1861 ; an act for the Relief of 
Landlords. 

Resolution in reference to the purchase of a raachine, for 
the manufacture of cotton cards, (fee. ; 



30 SENATE JOURNAL. [Session 

Kesolutlon authorizing the door-keeper of the House topaf 
chase a Fla^ of the Confederate States of America, &c, ; 

Resohition in favor of Rufus Galloway and his sureties ; 

An act for changing the time of holding the Probate court, 
for Rutherford county ; and 

An act to change the time of holding the Courts of Pleaa 
and Quarter Sessions, in the County of Ashe. 

Mr. Graham, by leave, introduced bills entitled, " A bill 
to provide for the completion of the claims of North-Carolina, 
against the Confederate Government, and for other purpo- 
ses," which was read first time and referred on his motion, to 
the Committee on Finance^ and 

A bill to amend the Revised Code in relation to habeas cm^' 
jyuSy which was read first time and referred, on his motion, 
to the Committee on the Judiciary, and on motion of Mr. 
"Warren, was ordered to be printed. 

The Chair announced, as the Committee on Enrolled Bills, 
Messrs. Whitford, Taylor, of Chatham and Patrick; and as 
the Select Committee, to whom was referred the bill entitled, 
" A bill to amend an act passed at this session of the General 
Assembly, entitled, ' An act for the relief of our sick and 
wounded soldiers,' " Messrs. Warren, Sharpe, Arendell, Blount 
and Eure. 

Mr. Simpson^ b}^ leave, introduced a bill entitled, " A bill 
to permit free persons of African descent, to select their own 
masters and become slaves," which was read first time, and 
referred, on his motion, totli,^ Committee on the Judiciary. 

The order of the day being, the bill to secure the property 
of married women, was taken up and read second time. 

Mr. Murrill moved to amend by insei'ting in section 5th. 
1 ine 5th, after words " entitled to," the words, " an equal di- 
^ ision with such child or children in the entire personal es- 
t ate, to have the ^ame absolutely. If she die intestate, leav- 
i ig no children, then the husband shall be the sole heir to her 
( ntire estate, both real and personal," which was agreed to. 

Mr. Copeland moved to amend by striking out all after the 
^\ord " thereof," in line Gth, section 3d. 



l802-'63.] SfiKATE JOtJilNAL 8! 

On motion of Mr. Euer, the Senate adjourned until 10 
o^clock to-morrow morning. 



WEDNESDAY, January 28, 1863. 

The Senate met, Mn Lassiter of Granville, in the chair. 

Prayer by lie v. Mr. Skinner. 

On motion of Mr. Eure, a messaa^e was sent to the House of 
Commons, that the Senate recommend to be appointed Jus- 
tices of the Peace for Chowan county : Horatio Bass, Wm, 
S. Hedrick, West It. Leary, West Leary, Robt^ W. Winborn, 
Richard Simpson, W. C. Wood, James McCoy, Benj. Thatch 
and James Norfleet ; and a message was received from the 
House, that they agree thereto. 

Montrayille Patton, Senator elect from the 49th District, 
to supply the vacancy occasioned by the resignation of W, 
M. Shipp, presented a certificate of election, and qualified 
according to law. 

A message from the House of Commons was received, that 
they transmit engrossed resolutions, to wit ; 

Resolutions vindicating the loyalty of the State of Korth- 
Carolina and its General Assembly ; which were read. 

Mr. Murrill moved to postpone the same until Monday 
next; which was not agreed to. 

Mr. Sharpe asked for the yeas and nays on the question of 
adopting the resolutions, and one-fifth agreeing thereto: 

Those who voted in the aflBrmative are, 

Messrs. Adams of Davidson, Arendell, Bagley, Blount, 
Brown, Dickson, Dickerson, Ellis, Eure, Faison, Graham. 
Harris, Jarratt, Lane, Jones, Leiteh, Matthews, Neal, Patton, 
Patrick, Sanders, Simpson, Sharpe, Slaughter, Smith of An- 
son, Smith of Macon, Smith of Stanly, Taylor of Chatham, 
Warren, Whitford, Wiggins, Wooley and Wright— 33. 

Those who voted in the negative are, 

Messrs. Carroway, Drake, Hall, Murrill, Powell, White, 
Young 7. 



32 SENATE JOURNAL. [SessfoD 

Sa the resoh^tions were adopted. 

Eesolution in favor of George Credlej and resolution in re- 
lation to an adjournment, sine die^ of the General Assembly ;: 
which were read first time. 

The latter resolution, on motion of Mr. Graham^ was laid 
on the table. 

Mr. Young, from the Joint Select Committee to whom was- 
referred communications from the Executive Departments of 
South-Carolina, Alabama and Florida, relating to a guarantee 
of the debt of the Confederate States, and resolutions enti- 
tled "Resolutions relating to the currency," reported a bill- 
entitled " A bill authorizing the Governor to endorse the- 
guarantee of the State upon bonds of the Confederate Gov- 
ernment; which was read first time. 

Mr. Graham, for the Committee on Finance, reported upon 
and recommended the passage of the bill entitled " A bill to 
provide for the completion of the claim of North-Carolina 
against the Confederate Governmentyand for other purposes. 

Mr. Slaughter introduced a bill entitled "A bill to amend 
the ' Militia Bill ;' " which was read first time and referred, 
on his motion, to the Committee on Propositions and Griev- 
ances. 

Mr. Murrill, for the Committee on Claims, reported a reso- 
lution, entitled " A resolution authorizing the Treasurer to 
pay certain claims (herein speeified) allowed by the Board of 
Claims;" which was read first time, when, oa motion of Mr. 
Leitch, the rules were suspended, aad the sanae was read a 
seeond and third times and passed. 

Mr. Ellis introduced a bill entitled, " A bill to enroll free 
negroes, and put them in the service as cooks," which was. 
read first time, and referred to the Committee on Military 
Affairs. 

The bill entitled, " A bill to seewre the property of married 
women," was taken up, and the amendment pending, propos- 
ed by Mr. Copeland was agreed to. 

Mr. Enre moved to amend by striking out section ^th, and 
inserting as follows, to wit : "That at the death of any mar- 



1862-'63.] SENATE JOURNAL. 33 

ried woman, leaving a child or children living, the husband 
ehall be entitled to an equal share with such child or children 
in the entire personal estate, and shall have the same abso- 
lutely. But, if she die, leaving no child or children, then the 
husband shall have her entire estate, real and personal, abso- 
lutely," which was adopted. 

Mr. Wiggins moved to amend by striking out in line 4, 
section 1, the word " all," and inserting words " one-half,", 
which was not agreed to. 

On the question of the passage of the bill on its second 
reading, Mr. Faison asked for the yeas and nays, and one- 
lifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Arendell, Blount, Brown, Dickson, Drake, Ellis, 
Eure, Eaison, Harris, Jones, Lane, Murrill, Smith, of Anson, 
Taylor, of Nash, and Wooley — 15. 

Those who voted in the negative are, 

Messrs. Adams, of Davidson, Carroway, Copeland, Graham, 
Hall, Holeman, Jarratt, Leitch, Lindsay, Matthews, Nealj 
Patton, Powell, Sanders, Simpson, Sharpe, Slaughter, Smithy 
of Macon, Smith, of Stanly, Taylor, of Chatham, Warren, 
Whitford, Wiggins, Wright and Young — 25. 

So the bill did not pass. 

A message was received from the House of Commons, that 
they transmit a bill entitled, " A bill to amend the charter of 
the Chatham Eailroad Company," which was read first time 
and referred, on motion of Mr. Murrill, to the Committee on 
Internal Improvements. 

The order of the day, being the bill entitled "A bill to raise 
ten thousand volunteers for the defence of the State," was 
taken up ; Mr. Lane's amendment pending, Mr. Eure offered 
a substitute therefor, which was read. 

On motion of Mr. Bagley, the Senate adjourned until to- 
morrow morning, 10 o'clock. 



34 SENATE JOUENAL. [Session 

TDURSDAY, Januaky 29, 1863. 

A message IVoni the House of Commons was received, that 
they transmit the following entitled, enrolled, bills and reso- 
Inlions, signed by the Speaker thereof, and the same were 
Bigned by the Speaker pro tdjjijjore of the Senate, to wit : 

A bill to incorporate the Silver Lead Mining Company ; 

Resolution in reference to the Engrossing Clerks ; 

Resolution in favor of Gideon J3. Threadgill, late Sheriff 
of Anson County ; 

Resolution in favor of W. W. Long, Sheriff of Yadkin 
County ; 

Resolution in fav^r of M. Walker, Sheriff of Rntherford 
County ; 

Resolution in favor of Drury King ; 

Resolution in favor of W. 11. Br^^son; 

A resolution in favor of Oscar D. Johnson, an inmate of 
till' Lisane Asylum ; 

[Resolution in favor of John Fisher; 

Resolution in favor of John A, Long ; 

A resolution in favor of M. L. Brittain ; 

A bill to incorporate the Unacoy and Iliawassee Turnpike 
•Company, in the counties of Cherokee and Clay ; 

A bill to amend the charter of the City of Raleigh ; 

A bill to authorize the Governor to employ a uicssenger 
for the Executive Department-; 

A bill in favor J. IL Allen ;, 

A bill for the relief of Wm. E. Mann, late Sheriff of Pas- 
quotank county ; 

Resolution in favor of Charles Byrd ; 

A bill to incorporate the Western North-Carolina Mining, 
Smelting and Copperas Manufacturing Company ; 

A bill to amend the act ratified 20tli December, 1862, en- 
titled " An act to provide wa3's and means for supplying the 
Treasury;" 

A bill to allow M. L, F. Redd, late Sheriff of Onslow, to. 
4Bollect taxes due him; 



1862-'63.] SEISTATE JOURNAL. 35 

A bill to establish a Female Seminary in Davidson county 
by the name of Beatavilla ; 

A bill in favor of Thomas Carr, late Sheriff of Duplin 
county ; 

And a bill to legalize and confirm the acts and judicial 
proceedings of a County Court, held in Lincoln County, 

The following resolutions, engrossed, were transmitted to 
the House of Commons, entitled, -to wit: 

"A resolution authorizing the Treasurer to pay certain 
claims (herein specified) allowed by the Board of Claims ; ". 

And "Resolutions protesting against and denouncing accu- 
sations made against the loyalty of the people of Xorth-Caro- 
lina and their Representatives in the General Assembly." 

A message was received fi-om the House of Commons, that 
they transmit engrossed resolutions entitled, "A resolution in 
favor of Wm. L. Shannon," which was read first time, and on 
motion of Mr. Bagley, the rules were suspended, and the 
same was read a second and third times and passed ; 

" A resolution in favor of Daniel Tucker," which was read 
first time and the rales having been suspended, on motion of 
Mr. White, the same M'as read a second and third times and 
passed ; 

And, " A bill for the .relief of the wives and families of sol- 
diers in the army," which was read first time and referred, 
on motion of Mr. Wiggins, to the Committee on Propositions 
and Grievances. 

Mr. Smith, of Macon, from the Committee on Internal Im- 
provements, reported back the bill entitled., "A bill to amend 
the charter of the Western Plankroad," and asked to be dis- 
charged from its further consideration. The Committee were 
so discharged, and said bill, on motion of Mr. Smith, of Ma- 
con, was laid on the table ; also, upon the bill entitled, " A 
bill to amend the charter of the Chatham Railroad Company," 
recommending that it do pass. Said bill, on motion of Mr. 
Taylor, of Chatham, was made the special order for to-mor- 
row, 12 o'clock. 
Mr. Slaughter, for the Committee on the Judiciary, report- 



36 SENATE JOUEKAL. [Session 

ed upon the bill entitled, " A bill to permit free persons of 
African descent, to select their own masters and become 
slaves," recommending that it do not pass. 

Mr. Wright, for the same committee, reported upon the 
bill entitled, " A bill to increase the pay of jurors and wit- 
nesses," recommending that it do not pass. 

Mr. Young, for the Committee on Military Affairs, reported 
upon the resolution entitled, "Resolution condemning flog- 
ging in the Confederate States Army," and recommended an 
amendment thereto, and, upon the bill entitled, " A bill for 
the benefit of the families of soldiers dying in the service," 
• recommending that it do not pass. 

Mr. Enre, from the same Committee, reported upon the 
bills entitled, " A bill to raise a mounted police guard for 
Brunswiek County ;" and " A bill to provide a reserve force 
for State defence," recommending that they do not pass. 

On motion of Mr. Graham, a message was sent to the House 
of Commons, that the Senate proposes to ballot for nine Trus- 
tees of the University, to-morrow at 1 o'clock. 

The bill entitled " A bill to raise ten thousand volunteers 
for the defence of the State," was taken up, and the question 
being on the pending amendment proposed by Mr. Lane, Mr. 
liindsay moved to amend the amendment, by adding the 
words " so far as it applies to men up to forty years of age,'" 
and Mr. Lane asked thereon the yeas and na^^s, and one-fifth 
agreeing: 

Those who voted in the affiirmative are, 

Messrs. Arendell, Bagley, Jones, Lindsay and Warren — 5* 

Those who voted in the negative are, 

Messrs Adams of Davidson, Adams of Guilford, Blount, 
Brown, Carroway, Copeland, Dickson, Dickerson, Drake, 
Ellis, Eure, Eaison, Graham, Hall, Harris, Hole man, Jarratt, 
Lane, Leitch, Matthews, Murrill, Neal, Patton, Patrick, 
Powell, Sanders, Simpson, Sharpe, Slaughter, Smith of An- 
son, Smith of Macon, Smith of Stanly, Taylor of Chatham, 
Taylor of Is'ash, Whitford, White, Wiggins, Wooley, Wright 
and Young — 40. 



1862-'63.] SEN"ATE JOURKAL. 37 

So the araondinent to the amendment was not adopted. 

The question recurring on the amendment, Mr. Lane asked 
for the yeas and nays, and one fifth agreeing thereto: 

Tliose who voted in the affirmative are, 

Messrs. Brown, Carroway, Oopeland, Dickson, Drake, ElHs, 
Eure, Faison, Hall, Harris, Holemau, Lane, Murrill, Powell, 
Simpson, Smith of Anson, Smith of Stanly, Taylor of Nash, 
Whitford, White, Wiggins and Young — 22. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Bagley, Blount, Dickerson Graham, Jarratt, Jones, Leitch, 
Lindsay, Matthews, Keal, Patton, Patrick, Sanders, Sharpe^ 
Slaughter, Smith of Macon, Taylor of Chatham, Warren, 
Wooley and Wright — 23. 

So the amendment was not adopted. 

The question being now put on the substitute proposed bj 
Mr. Eure, Mr. Adams of Davidson asked for the yeas and 
nays, and one-fifth agreeing thereto : 

Those w^ho voted in the affirmative are, 

Messrs. Oarrowaj, Copeland, Dickson, Drake, Ellis, Eure, 
Faison, Hall, Harris, Holeman, Lane, Murrill, Powell, Smith 
of Anson, Taylor of Nash, White, Wiggins and Young — 18. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Aren- 
dell, Bagley, Blount, Brown, Dickerson, Graham, Jarratt, 
Jones, Leitch, Lindsay, Matthews, Neal, Patton, Patrick, 
Sanders, Simpson, Sharpe, Slaughter, Smith of Macon, Smith 
of Stanly, Taylor of Chatham, Warren, Whitford, Wooley 
and Wright— 27. 

So the substitute was rejected. 

The question now recurring on the passage of the bill on 
its second reading, Mr. Lane asked for the yeas and nays, and 
one-fifth agreeing thereto: 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Arendell, Bagley, Blount, 
Eure, Jarratt, Jones, Lindsay, Matthews, Patrick, Sandei-s, 



38 SEiS'ATE JOURIN'AL. [Session 

Sharpe, Slaughter, Smith of Macon, Tajlor of Chatliam, 
Warren, Whitford and Wooley — 18. 

Those who voted in the negative are, 

Messrs. Adams of Guilford, Brown, Carroway, Copeland, 
Dickson, Dickerson, Drake, Ellis, Faison, Graham, Hall, 
Harris, Holeraan, Lane, Leitch,Murrill,Neal, Patton, Powell, 
Simpson, Smith of Anson, Smith of Stanly, Taylor of jSfash, 
White, Wiggins, Wright and Young — 27. 

So the bill did not pass. 

On motion of Mr. Graham, the hilT entitled " A bill to modi- 
fy an act entitled 'an act to change the jurisdiction of the 
Courts and the Rules of Pleading,' passed at the second ex- 
tra session of the General Assembly, 1861, conjmoniy called 
the Stay Law," was made the special order for Saturday, II 
o'clock. 

On motion of Mr. Young, the bill entitled "A bill to au- 
thorize incorporated towns to lay an ad valorem tax on slaves," 
was taken oif the table to take its place on the calendar. 

The engrossed resolutions, entitled ''Resolutions in relation 
to prisoners confined in the military prison at Salisburj^,"' 
were read a second time, Mr. Murrill's amendment pending. 

Mr. Graham moved to strike out the first resolution ; which 
was agreed to. 

The resolutions were then informally passed over. 

Mr. Leitch, from the Committee on the Judiciary, reported 
upon the bill entitled "A bill for the benefit of persons who 
have entered vacant lands,''' and recommended amendments 
thereto. 

Said bill was taken up and read a second time, and the 
amendments recommended adopted, to wit : after the word 
"enemy" in the second line insert the words, " or that may 
hereafter be in possession of the enemy ;" and in the eighth 
line strike out the word "peace," and insert the words, "this 
act," and add the following section, to wit : 

''^Be it further enacted, That the beneficial provisions of the 
foregoing section shall extend to all persons in the military 



1862->63.] SEls^'ATE JOURNAL. 3^ 

service of the State or Confederate Government^ or who may 
hereafter enter the same." 

The bill as amended passed and was read a third lime, the 
rules liaving been suspended, on motion of Mr. Leitch. 

Mr. Lindsa_y introduced a resolution, to wit: 

J^esolved, That a message be sent to the House of Commons 
proposing to adjourn, .wie die, on Monday next, at 13 
o'clock M. 

Mr. Eure moved to lay on the table, and on this question 
Mr. Lindsa}' asked for the yeas and nays, and oue-iifth 
agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Bagley, 
Bloiitit, Dickson, Drake, Ellis, Eure, Graham, Hall, Jarratt, 
Jones, Patton, Patrick, Simpson, Sharpe, Smith of Anson, 
Smitli of Macon, Smith of Stanly, Taylor of Chatham, White., 
"Wiggins, Wright and Young— 24. 

Those voted in the negative are, 

Messrs, Brown, CarroAvay, Copeland, Dickerson, Faison, 
Harris, Holeman, Lane, Leitch, Lindsay, Matthews, Murrill, 
'Neixl, Powell, Sanders, Slaughter, Taylor of Nash, Warren 
and Whitford— 19. 

So the resolution was laid on the table. 

The engrossed bill entitled " A bill to amend the 4Gth 
chapter of the Po vised Cude, 18th section," was read a second 
time and passes i. when, on motion of Mr. Warren the rules 
were suspended and tlie same was read a third time and 
passed. 

On motion of Mr. Sanders, a message was sent to the 
House of Commons, that the Senate does insist upon the 
amendment made to the bill entitled "A bill in relation to 
Justices of Johnston County." 

Mr. Lane introduced a resolution entitled " Pesolution in 
favor of L. W. Kornegaj'-," which was read first time and 
referred, on his motion to the Committee on Claims. 

Mr. White for the Committee on propositions and grievan- 



40 SEKATE JOURIS^AL. [Session 

ces, reported upon the bill entitled "A bill authorising the 
Public Treasurer to repay the bounty money refunded or 
withheld from men discharged under the Conscript Act of 
April 21st, 1862,*" and recommended that it do not pass. 

Mr. Hall recommended the appointment of John C.Wood 
as a Justice of the Peace for New Hanover County, which 
■was agreed to, and a message in relation thereto w^as sent to 
the House of Commons. 

The bill entitled " A bill to amend an act to empower the 
Commissioners of the town of Wilmington to estabhsh streets 
in said town and for other purposes," was taken up on motion 
of Mr. Hall and read a second time and passed, w^hen the 
rules were suspended and the same was read a third time and 
passed. 

On motion of Mr. Lane, the resolution entited "Resolution 
in favor of Rufus Galloway and Lewis Williamson," was taken 
np. Said resolution was read a second time and amended on 
motion of Mr. Lane by inserting the name of Elias Barnes, 
late Sheriff of Wilson County, and also, on motion of Mr. 
Leitch, by inserting the name of Reuben King, Sheriff" of 
Robeson County, and as amended passed, and the rules 
having been suspended the same was read a third time and 
passed. 

The bill entitled " A bill to authorise incorporated towns 
to lay an ad valorem tax on slaves," was read a third time 
and passed. 

The resolution entitled "Resolution in favor of George 
Credle " was taken up on motion of Mr. Warren, read a sec- 
ond time and passed, and the rules having been suspended 
was read a third time and passed. 

On motion of Mr. Hall, the bill entitled "A bill to author- 
ise Malcolm Mclnnis to distill from grain the article of alcohol 
for mechanical and medical purposes," was taken up and 
read a second time. 

The amendments recommended by the Committee on Propo- 
sitions and Grievances were adopted, to wit : add after the 
word " court," at the end of section 4, the words " said 



1862-'63.] SENATE JOURNAL. -41, 

imprisonment not to be less than six months and to forfeit the 
privileges of distillation as granted in this act, and add the 
following section : 

Sec. 5. Be it furthtr enacted,, That the profits upon the 
alcohol thns made and sold shall not exceed seventy-live per 
cent; and section five shall be numbered section six." 

The bill as amended passed its second reading. 

Mr. Ilall moved to suspend the rules in order that said bill 
might be read a third time, and it was not agreed to. 

Mr. Gl'ahara moved that a message be sent to the House 
of Commons, that George Davis, Wm. A. Wright, J. G. Shep- 
herd, W. B. Wright, Alexander Wilson, J. W. Osborne, F. 
E. Shober, M. L. Wiggins and David Outlaw, have been no- 
minated for Trustees of the University, which was agreed to ; 
and to said nominations were added the names of Thomas J. 
Wilson, by Mr. Matthews; Oliver H. Dockery, and Thomas 
Morrisey, by Mr. Leitch ; James W. Bryan, by Mr. Warren ; 
L. C. Edwards and John Pool, by Mr. Bagley ; Dr. Edward 
Warren, by Mr. Arendell ; W. J. Montgomery, by Mr. 
Woolej ; John A. Young, by Mr. Hall ; Wm. H. Bobbitt, 
and Kemp P. Battle, by Mr. Taj^lor of Chatham; Col. Bryan 
Grimes, by Mr. Young ; Col. R. C. Pnryear, by Mr. Jarratt, 
and Z. B. Yance, by Mr. Smith of Macon. 

The bill entitled, " A bill to provide for the completion of 
the claim of North-Carolina against the Confederate Govern- 
ment, and for other purposes," was read a second time and 
passed ; and the rules having been suspended, on motion of 
Mr. Graham, the same was read a third time and passed. 

The engrossed bill entitled, " A bill to legalize the pro- 
ceedings of a Count}"- Court in Henderson County," was read 
second time and passed, when the rules were suspended on 
motion of Mr. Patton, and the same was read a third time and 
passed. 

The engrossed resolution and bills, entitled, " Resolution in 
reference to the bounty of soldiers ;" '' A bill regulating the 
service of process on the Southern Express Company," and 
" A bill for the protection and encouragement of the wool 



42 SENATE JOURNAL. [Session 

growing and pork raising interests of this State," were read a 
second time and passed. ' 

The bill entitled, " A bill authorizing the Governor to en- 
dorse the guarantee of the State upon bonds of the Confeder- 
ate Government," was read a second time, and, on motion of 
Mr. Slaughter, ordered to be printed. 

The Senate adjourned until to-morrow morning, 10 o'clock, 
on motion of Mr. Slaughter. 



FRIDAY, Januaky 30, 1863. 

Prayer bj the Rev. Mr. Ilardie. 

The resolution entitled, "Resolution in favor of Rufus Gal- 
loway, Lewis Williamson, Elias Barnes and Reuben King," 
and tlie bill entitled, " A bill to provide for the completion of 
the claim of jSTorth-Carolina against the Confederate Govern- 
ment, and for other purposes," were transmitted, duly en- 
grossed, to the House of Coma:ons. 

Mr. Arendell, from the Committee on Corporations, report- 
ed upon bills, entitled, to wit : 

A bill to incorporate theTuckasegee ]\[ining Company. 

A bill to incorporate the Nautahala Mining Company ; 

A bill to incorporate the Macon County Mining Co. ; and, 

A bill to incorporate the Franklin Mining and Manufactur- 
ing Company, recommending sevei-ally their passage ; also, 
for the Committee on Propositions and Grievances, npon the 
bill entitled, " A bill to amend the " Militia Bill," recom- 
mending that it do pass. 

Resolutions vindicating the loyalty of the State of North- 
Carolina, and its General Assembly," were transmitted duly 
enrolled and signed by the Speaker of th. House of Commons 
from said House, and the same were signed by the Speaker 
fro tem, of the Senate, 

Mr, Adams, of Guilfoi-d, introduced a resolution instructing 
the Committee on the Judiciary to enquire into the expedi- 
ency of providing by law, that Justices of the County Courts 
granting special letters of administration, may also hear peti. 
tions for the years' support of widows, and make orders on 



1862-'63.] SENATE JOURNAL. 43 

the same, Ihe proceedings being returnable to the next ensu- 
ing County Court, which was a»iopted. 

Mr. Wn'glit introduced a resolution entitled, " Resolution 
authorizing Hector McNeil, Sheriff of Cumberland Countj, 
to collect arrearages of taxes," wliich was read lirst time, 
when, the rules were suspended, and the same was read a se- 
cond and third times and passed. 

A message was received from the House of Commons, that 
they agree to the proposition to go into an election for nine 
Trustees of the University, at 1 o'clock, Friday, the 30th inst., 
and that Neil McKay, John W. Cameron, W. W. Lenoir, 
Purdie Richardson, Jarvis Buxton, Samuel Lander, Jr.,Sam.- 
uel F. Phillips, D. M. Carter, Thomas I. Faison, E. B Withers, 
Wm. Sloan, D. A. Barnes, W. J. Houston, D. H. Hill, Thos. 
L. Skinner, and W. P. Taylor, are in nomination ; therefor, 
also, that they appoint Messrs. Foust and Henderson, com- 
mittee on their part, to superintend the election. 

The Charman appointed Messrs, Taylor, of Cliatham, and 
Leitch, as said committee on the part of the Senate. 

The bill entitled " A bill regulating the service of process 
on the Southern Express Company," was read a third time 
and passed. 

The resolution entitled "Resolution in reference to the 
bounty of soldiers," was read a third time and passed, and, 
on motion of Mr. Ellis, reconsidered. 

The following entitled bills were read and laid on the table, 
to wit : 

A bill for the protection and encouragement of the wool 
growing and pork raising interests of this State, on motion of 
Mr. Smith, of Macon ; 

A bill to raise a mounted police guard for Brunswick coun- 
ty, on motion of Mr. Eure ; 

And a bill to provide a reserve force for State defence, on 
motion of Mr. Sharpe. 

The following entitled bills were read a second time and 
rejected, to wit : 

A bill to increase the pay of jurors and witnesses; 

A bill for the benefit of sold'iei's dying in the service ; 



44 SENATE JOURNAL. [Session 

And a bill autliorizing the Public Treasurer to repay the 
bounty money refunded or witlilield from men discharged 
under the conscript act of April 21, 18G3. 

The resolutions entitled " Hesolutions to correct error on 
Tax Roll of JBurko county, &c.," were read a second time 
and passed. 

Mr. Young introduced a bill entitled "A bill to amend an 
ordinance of the Convention entitled 'An ordinance to char- 
ter the Piedni<)nt Railroad Company,'" which was read first 
time, and Mr. Young moved to suspend the rules, which was 
not agreed to. 

The bill entitled "A bill to permit persons of African de- 
scent to select their own masters and become slaves," was 
read a second time and passed. 

Mr. Matthews moved to suspend the rules and it was not 
agreed to. 

On motion of Mr. Graham, a message was sent to the 
House of Commons, that the Senate ask their concurrence in 
a recommendation of Octavius Hooker, as a Justice of the 
Peace for Orange county. 

The engrossed resolution entitled " Resolution concerning 
flogging in the C. S. Army," was read second time, and the 
report of, and amendment proposed by, the Committee on 
Military Affairs. 

Mr. Eure moved to lay on the table said resolutions, and 
thereon Mr. Bagley asked for the yeas and nays, and one- 
fifth agreeing : 

Those who voted in the affirmative, are, 

Messrs, Carroway, Dickson, Drake, Eure, Holeman, Out- 
law, Powell, Taylor of Nash, Whitford, White and Young— 11. 

Those who voted in the negative, are, 

Messrs. Adams, of Davidson, Adams, of Guilford, Arendell, 
Bagley, Blount, Brown, Dickerson, Ellis, Faison, Graham, 
Harris, Jarratt, Jones, Leitch, Lindsay, Matthews, Murrill, 
Neal, Patton, Sanders, Simpson, Smith of Anson, Smith of 
Stanly, Taylor of Chatham, Warren, Wiggins, Wooley and 
Wright— 28. 

So the motion did not prevail. 



1862-'63.] SENATE JOURNAL. 45 

The question being on the amendment recommended by 
the Committee on Military Affairs, to wit : Tu strike out the 
words " bucking " and " gagging," it was not agreed to. 

Mr. Ellis moved to amend by adding words, ''and also 
that the right of trial by jury in the army, be adopted as in 
cases of trial at common law," which was not agreed to. 

The order of the day was postponed until the resolution 
under consideration shall have been disposed of, on motion 
of Mr. Wiggins. 

Mr. Ellis moved to recommit, and it was not agreed to. 

The question being on the passage of the resolution on its 
second reading, Mr. Matthews asked for the jeas and nays, 
and one -fifth agreeing thereto: 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Arendell, Bagley, Blount, 
Brown, Dickerson, Ellis, Faison, Jarratt, Leitch, Lindsay, 
Matthews, Murrill, Neal, Patton, Sanders, Slaughter, Smith 
^of Macon, Taylor of Chatham, Taylor of Nash, Warren, 
Wiggins and Wooley — 23. 

Those who voted in the negative are, 

Messrs. Adams of Guilford, Carroway, Copcland, Dickson, 
Drake, Eure, Graham, Hall, Harris, Holeman, Jones, Out- 
law, Powell Simpson, Sharpe, Smith of Anson, Smith of 
Stanly, Whitford, White, Wright and Young— 21. 

So the resolution was adopted. 

A message was received from the House of Commons, that 
they transmit engrossed bills entitled " A bill for the relief of 
the citizens of Alleghany county ; " A bill to be entitled 
an act supplemental to, and declaratory of, an act ratified 
December 20th, 1862, entitled 'An act to provide ways and 
means for the Treasury, and to repeal a portion of an ordi- 
nance of the State Convention, ratified 19th February, 1862.'" 

The former bill was read first time, when the rules were 
suspended on motion of Mr. Sharpe, and the same was read 
a second and third times and passed. 

The order of the day being the bill entiiled "A bill to 



46 SENATE JOURNAL. [Session 

amend the cliarter of tlie Chatham Raih-oad Company," was 
read a second time. 

The hour having arrived for the exeention of the joint or- 
der to proceed to the election of Trustees of the University, 
the Senate proceeded to ballot therefor, under the snperintend- 
<?nce of the committee appointed. 

The order of the day, on motion of Mr. Young, was post- 
poned until the return of the committee to superintend the 
election of Trnstees ol the University just hud. 

A message was received from the House of Commons, that 
they agree to the amendment made by the Senate to the 
House engrossed bill, entitled " A bill to authorize incorpo- 
rated towns to lay an ad valorem tax on slaves," and to tlie 
amendments made also to Ilou^e engrossed bill eiititled "A 
bill for tlie L'enctit of persons who have entered vacant 
lands ;" also, that they r*icede from th.eir disagreement to the 
Senate's amendment to House bill, entitled a bill in relation to 
the Justices of Jolmston' county ;" and the said bills are or- 
dered to be enrolled. 

Another message was received from the House, that they 
transmit a list of the names of persons recommended as Jus- 
tices of the Peace for their several counties ; which was 
agreed to. 

The Senate adjourned until to-uiorrow morning 10 o'clock. 



SATURDAY, January 31, 18G5. 

Prayer by Rev. Mr. Lansdale. 

Mr. Graham introduced a bill entitled " A bill to amend 
the law relative to the hours of keeping open the public offi- 
ces in the Capitol," v;hich was read first time. 

Mr. Hall introduced a bill entitled " A bill to alter the rules 
of law relative to the pi'obate of wills," which was read first 
time, when, on his motion, the miles were suspended and the 
same Avas read =1 second and third time and passed. 

The resolution authorising Hector McNeil, Sheriff of Cum- 



18'>2-'03.] SENATE JOURNAL. . 47 

berland County, to collect arrearages of taxes," and a bill 
regulating the service of process on the Sonthorn Express 
Company, were transmitted engrossed to the House of Com- 
mens. 

The engrossed hill entitled "A bill to be entitled 'An act 
supplemental to and declarator}' of an act ratilied December 
2Uth, IS'32, entitled " An act to provide ways and means for 
the Treasuiy and to repeal a poi'tion of an ordinance of tlie 
State Convention, ratified 19th February, 1862," was read 
lirst time. 

Mr. S'.nith, of Stanly, introduced a resolution entitled "A 
rcciolution to authorize the Governor to appoint a commissioner 
to visit the various regiments in jSTorth Carolina and inquire 
as to their condition, which was read first time. 

Mr. Adams, of Guilford, introduced a bill entitled " A bill 
to incorporate the North Carolina Christian Advocate Joint 
Stock Publishing Company," vvhich was read first time and 
referred, on his motion, to the Committee on Corpoi'atiuns. 

Mr. Patton introduced a bill entitled " A bill amending an 
act to incorporate the town of Asheville," which was read 
first time and referi'ed, on his motion, to the Committee on 
Corporations ; also Mr, Patton presented a memorial from 
Henry T. Wolstenholraes, praying to be allowed certain 
claims for clothing, &c., furnished soldiers, wliicli were not 
audited or allowed by the late Board of Claims, and the same 
on his motion v/as referred to the Committee on Claims. 

Mr. Leitch from the Committee to superintend the election 
of Trustees of the University, reported that Hon. Jesse G. 
Shepherd, Neil McKay and Dr. Edward Warren, received 
a majority of all the votes cast, and are elected ; that no 
one of the other persons voted for did receive a majority of 
the whole number of votes cast, and as to said pei'sons there 
is no election. 

A message was received from the House of Commons, that 
W. W. Young is recommended as a Justice of the Peace for 
Guilford county, and others as Justices for Bertie county. 
Th.e Senate agreed as to tlie former recomraendationj and 



48 SENA.TE JOUENAL. [Session 

the message, as to the recommendation for Bertie, was laid 
on the table, on motion of Mr. Outlaw. 

The bills entitled, "A bill concerning the Conntj site of 
M,itchell County," and " A bill in favor of Isaac Arledge," 
and the resolution entitled, " Resolution in favor of A. C. La- 
tham, Sheriff of Craven county," were read a third time and 
passed. 

A message was received from the House of Commons, that 
they have passed the Senate resolution entitled, " Resolution 
in flavor of Rufiis Galloway, Lewis "Williamson, Elias Barnes 
and Reuben King," by including Hector McNeil, Sheriff of 
Cumberland, E. D. Davis, Sheriff of Jackson, W. W. Long, 
late Sheriff of Yadkin, W. Hay more, Sheriff of Surry coun- 
ty, J. L. Keener, tax collector for Cherokee, "VV. W. Grier, 
late sheriff' of Mecklenburg ; J. R. Grady, Sheriff of Harnett ; 
Sidney Deal, late Sheriff of Watauga, R. V. Blackstock, tax 
collector, of Brunswick, and Thos. J. Carr, Sheriff of Duplin, 
which was agreed to. 

Mr. Warren, from the Committee on the Judiciary, report- 
ed upon the bill entitled, "A bill to amend the Revised Code, 
in relation to habeas corjpus^'' recommending an amendment 
thereto. 

Leave of absence was granted to Mr. Lindsay, until Wed- 
nesday next, on motion of Mr. Slaughter, and to the Reading 
Clerk, on motion of Mr. Hall, until the same day. 

The further consideration of private bills, was postponed,, 
and the consideration of the bills entitled, " A bill to amend 
the charter of the Chatham Railroad Company," was re- 
sumed. 

Mr. Arendell moved to amend by adding a section, to 
wit: 

Be it further enacted, That the guage of said road shall be 
the North-Carolina guage. The amendment was adopted. 

Mr. Wiggins moved to amend by striking out in line 9 and 
10th section, "Five hundred thousand dollars," and insert- 
ing " Two hundred and fifty thousand dollars," which was 
agreed to. 



1862-'63.] SENATE JOURNAL. 4& 

On the passage of the bill, its second reading, Mr. Brown 
asked for the yens and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Dickersou, Ellis, Eure, Faison, Graham, Hall, Harris, Holeman, 
Jarratt, Jones, Lassiter, Leitch, Murrill,Neal, Patton, Simpson, 
Sharpe, Smith of Anaon, Smith of Macon, Smith of Stanly, 
Taylor of Chatham, Taylor of Nash, White, Wiggins, Wooley, 
Wright and Young— 30. 

Those who voted in the negative are, 

Messrs. Bagley, Blount, Brown, Carroway, Brake, Lane, 
Matthews, Outlaw, Patrick, Powell, Sanders, Slaughter, War- 
ren and Whitford — 14. 

So the bill as amended passed its second reading. 

Mr. Graham presented a petition of the Piedmont Eailroad 
Company, praying that the 31st section of their charter be so 
amended as to allow the guage of their Railroad to be the 
same with that of the Richmond and Danville Railroad, which, 
on his motion, was laid on the table. 

The order of the day being the bill entitled " A bill to mod- 
ify an act entitled ' An act to change the jurisdiction of the 
courts, and the rules of pleading, passed at the second extra, 
session of the General Assembly, commonly called the Stay 
Law,' " was read a second time. 

Leave of absence was granted to Mr. Ellis, on motion of 
Mr. Hall. 

On motion of Mr. Graham, the Senate adjourned until 
Monday morning, 10 o'clock. 



MONDAY, Febbuart 2, 1863. 
Prayer by Rev. Mr. Lansdale. 

The following bills and resolutions, duly engrossed, were 
transmitted to the House of Commons, to wit : 

A bill concerning the County site of Mitchell County; 



5i0 SENATE JOURNAL, [Session 

A bill to alter the rules of law in relation to the probate of 
wills ; 

Resolution in favor of A. C. Latham, Sheriff of Craven 
County. 

A message was received from the House of Commons, that 
they transmit engrossed bills and resolutions, to wit : 

A bill to legalize the proceedings of a County Court, held 
in Catawba County, wliich was read iirst time, when the rules 
were suspended, on motion of Mr. White, and the same was 
read a second and third times and passed ; 

A bill to prevent the property of soldiers from being at- 
laehed ; 

A bill to appoint commissioners to sell old jail in Wilkes 
■county ; and, 

Resolution in favor of W. W. Ilapper, which were read 
first time. 

On motion of Mr. Leitch, leave of absence was grafted to 
Mr. Wright. 

The Speaker announced as the Committee on Enrolled bills, 
Messrs. Wooley, Smith of Anson and Harris. 

Mr. Vfarren, from the Committee on the Judiciary, reported 
in pursuance of a resolution of enquiry, that the Committee 
deem it inexpedient to modify the existing law in relation to 
petitions, fur the years support of widows. 

Mr. White introduced a bill entitled, " A bill to authorize 
Jesse Grant to manufacture a limited quantity of whiskey, for 
•medical purposes," and presented a memorial in relation to 
the same. Said bill was read first time and referred, on mo- 
tion of Mr. White, together with the memorial to the Com- 
mittee on Propositions and Grievances. 

Mr. Lane introduced a resolution, entitled, " Resolution in 
•favor of Thomas Waters," which was read first time and re- 
ferred, on his motion, to the Committee on Claims. 

Mr. Lane also presented a memorial from the said Thomas 
Waters, praying that the Public Treasurer be authorized to 
refund unto him the sum of fifty dollars paid for license to 



1862-'63.] SENATE JOURNAL. 51 

keep a ten pin alley, which was referred, on his motion, to the 
same committee. 

On motion of Mr. Enre, a message was sent to the Ilonse 
of Commons, that the Senate proposes to go into an election 
of six Trustees of the University at 1 o'clock to-day. 

Mr. White nominated Wm. Sloan,, of Graham ; Mr. Euro 
nominated Kemp P. Battle, Jno. Pool and David Outlaw ; Mr. 
Wooley nominated W. J, Montgomery; Mr. Matthews nomin- 
ated Thomas J. Wilson. 

The name of W. B. Wright was withdrawn by Mr. Gra- 
ham ; that of Colonel Bryan Grimes, by Mr. Young, and the 
name of O. H. Dockery, by Mr. Leitch; and the House were 
informed thereof, 

The consideration of the bill entitled, " A bill to modify an 
act entitled, 'An act to change tlie Jurisdiction of the Courts, 
and the E-ules of Pleading, passed at the second extra session 
of the General Assembly, 1861, commonly called the Stay 
Law," was resumed. 

Mr. Graham moved to amend by striking out section 1, and 
inserting as follows, to wit : 

1. That the Supreme Court shall hold two sessions in the 
city of Raleigh, on the second Monday in June, and first 
Monday in December, in each and every year, at which shall 
be heard and determined all causes in law or equity, which 
shall be brought before it, according to the jurisdiction con- 
ferred on said Court, by Section six, of the Revised Code, 
Chapter 53. 

2. That two terms of the Superior Courts of Law and Equity, 
shall be held in the several counties of the State, at the times 
and places designated in the Revised Code, or the Acts of the 
General Assembly, passed subsequently thereto, including the 
act of the present General Assembly, entitled, "An act to 
establish an eighth Judicial Circuit, with fall power and ju- 
risdiction over all criminal causes which may be brought be- 
fore them. 

3. That in addition to the criminal jurisdiction aforesaid, 
the said Superior Courts of Law shall try and detei'mine 



52 SENATE JOURKAL. [Session 

all caveats of wills and all actions of tort, which have been^ 
or shall be pending therein ; and no provision of the act to 
which this is an amendment, changing the rules of pleading 
shall apply to said actions of tort. 

4. That all writs or otlier process, which may have been 
issued and made returnable to the next Fall Term of the said 
Superior courts, shall be returned to the Spring Term there- 
of ; Provided^ That there be ten days between the issue and 
return of the same. 

Mr. Hall moved to lay the bill and amendment on the ta- 
ble, and asked for the yeas and nays thereon, and one-fifth 
greeing : 

Those who voted in the affirmative are, 

Messrs. Arendell, Bagley, Brown, Carroway, Copeland, 
Drake, Eure, Eaison, Hall, Harris, Holeman, Lane, Leitch, 
Matthews, Powell, Slaughter, Smith of Macon, Smith of Stan- 
ly, Taylor of Chatham, Taylor of Nash, Whitford, White, 
Wiggins and Young— 24. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Blount, 
Dickerson, Graham, Jarratt, Jones, Lassiter, Murrill, TsTeal, 
Pattou, Patrick, Sanders, Simpson, Sharpe, Smith of Anson, 
Warren and Wooley — 18. 

So the bill was laid on the table. 

Tlie engrossed resolutions entitled "Kesolutions to correct 
error on the Tax Roll of Burke county, &c.," and " Resolu- 
tions in reference to the bounty of soldiers," were read a third, 
time and passed. 

The bin entitled " A bill to permit free persons of African 
descent to select their own masters and become slaves," was 
read a third time. 

Mr. Murrill moved to amend by adding : 

" Be it further enacted, That all such free persons of color 
as shall not have voluntarily enslaved themselves before the 
first day of January, 1864, shall be removed from the State ; " 
which was not agreed to. 

Mr. Patton moved to amend by striking out the word " en- 



1862-'63.] SENATE JOUENAL. SS 

slave," wherever and so often as it occurs in the bill, and in- 
serting these words, " shall sell their services for the term 
of ninety-nine years;" which was agreed to. 

Mr. Murrill now moved to amend as follows, to wit : 

Be it further enacted, That all such free persons of color 
as shall not have voluntarily sold their services for the term 
of ninety-nine years before January Ist, 1804, shall be re- 
moved from the State. 

Mr. Sharpe moved to lay on the table, and asked the yeas 
and nays thereon, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Brown, Gar- 
roway, Copeland, Drake, Faison, Graham, Hall, Jarratt, 
Jones, Lassiter, Leitch, Matthews, Patrick, Sanders, Sharpej 
Slaughter, Smith of Anson, Smith of Stanly, Taylor of Nash, 
Warren, Wiggins and Young. — 25. 

Those voted in the negative are, 

Messrs. Adams of Davidson, Blount, Dickerson, Eure, Har- 
ris, Holeman, Lane, Murrill, Neal, Patton, Powell, Simpson, 
Smith of Macon, Whitford and White — 15. 

So the bill was laid on the table. 

The bill entitled "A bill to amend the charter of the Chat- 
ham Railroad Company," was read a third time. 

Said bill was amended upon several motions of Mr. Taylor, 
of Chatham; first, by striking out in section 1, lines 6 and 7, 
the words " ten miles of the Road have," and inserting the 
words "one mile of the Road has;" by adding to section 2, 
the words, " and said Directors shall, out of their number, 
choose the President of the said Company " and by striking 
out section 4 and inserting as follows, to wit : 

Be it further enacted, That in consideration of the bene- 
fits conferred by this act, the Chatham Railroad shall by ac- 
cepting the same be deemed to surrender so much of the 
privilege granted by sections 4, 5, 6 and 9 of an ordinance of 
the Convention, entitled "An ordinance in addition to and 
amendatory of an act of the General Assembly, ratified 15th 
February, 1861, entitled ' An act to incorporate the Chatham 



54 SENATE JOUENAL. [Session 

Railroad Company,' and to repeal an act supplemental there- 
to, ratified 23d February, 1861," as are conferred on corpora 
tions which may hereafter subscribe to the capital stock of 
said Company. 

Sec. 5. Bq it further enacted, That all sums of money paid 
by the Kaleigh and Gaston Kailroad Company and the City 
of Ealeigh to the Treasurer of the State, in satisfaction of the 
principal and interest of the bonds of said corporations, de- 
posited with said Treasurer, as contemplated in the said ordi- 
nance of the Convention, shall be applied first to payment of 
the interest of the bonds of the State, given said corporations 
in exchange for their own, and the residue shall be paid to 
the Commissioners of the Sinking Fund, to be used by them 
at their discretion for the redemption of said bonds of the State. 

The bill as amended passed. 

A message was received from the House of Commons, that 
they agree to the proposition to go into an election for six 
Trustees of the University, at 1 o'clock, and -appoint Messrs. 
Wallen and Lemmonds committee on their part to superin- 
tend the election, and that there are in nomination in the 
House the following persons, to wit: 

W. Vf . Peebles, S. J. Person, G. E. Skinner, R. L. Beale, 
F. E. Shober, L. C. Edwards, C. B. Sanders, W. W. Lenoir, 
W. H. Bobbitt, Jas. W. Bryan, D. E. Hill, L. F. Siler, M. L. 
Wiggins, D. M. Carter, Geo. Davis, Sam'l S. Biddle, Purdie 
Richardson, Joseph Keener, E. B. Withers, Thos. I. Faison^ 
R. C. Puryear, W. L. Twitty. 

The Speaker appointed as said committee on the part of 
the Senate, Messrs. Patton and Young. . 

The Senate proceeded to ballot for Trustees of the Univer- 
sity. 

The bill entitled "A bill to amend the Militia Bill," wa& 
read a second time and passed, and on motion of Mr. Slaugh- 
ter the rales were suspended and the said bill was read a third 
time. 

Mr. Hall moved to amend by striking out the words " and in 
the seventh line to read forty-five years ;" which was agreed to.. 



1862-'63.] SENATE JOURNAL. 55 

The bill as amended passed. 

The bill entitled *' A ))ill to amend the Revised Code ia 
relation to habeas corjyus^'' was read a second time, and the 
amendment recommended by the Committee on the Judici- 
ary adopted, to wit : add to section 1, " and any jndge is^uin^ 
any such writ in vacation, or the judge before whom it ia 
tried, shall have the same power to enforce obedience to the 
writ, to compel the attendance of witnesses, or to punish 
contempt of his authority, as a court has. 

The bill as amended passed its second reading. 

The bill entitled " A bill to amend the ordinance of the 
Convention entitled 'An. ordinance to charter the Piedmont 
Railroad Company,' " was read a second time. 

The Senate adjourned, on motion of Mr. "Warren, until to- 
morrow morning 10 o'clock. 



TUESDAY, Febrtjaky 3, 1863. 

The bill entitled "A bill to amend the Militia Bill," was 
transmitted duly engrossed to the House of Commons. 

Mr. Arendell, from the Committee on Corporations, repor- 
ted upon the bills entitled "A bill to incorporate the North- 
Carolina Christian Advocate Joint Stock Publishing Com- 
pany," and " A bill amendatory of an act to incorporate the 
town of Ashoville," recommeno'ing their passage, also reported 
back the memorial of H. F. Wolstenholmes, which was 
referred, on his motion, to the Committee on Propositions 
and Grievances. 

Mr. Wliite, for the Committee on Propositions and Grie- 
vances, reported back the bill entitled "A bill to authorize 
Jesse Grant to manufacture a limited quantity of whiskey for 
medical purposes," and a memorial from said Grant in rela- 
tion to the subject of the bill and asked lo be discharged froiia 
their further consideration. The committee were discharged 
accordingly. 

Mr. JVIurrill introduced a bill entitled "A bill to amend 



56 SENATE JOUENAL. [Session 

certain sections of the Revised Code in regard to free ne- 
groes," which was read first time and referred, on motion of 
Mr. Hall, to the Committee on tlie Judiciary. 

The unfinislied business was postponed on motion of Mr. 
Hall, and the bill entitled "A bill to authorize Malcolm Mc- 
Innis to distill from grain the article of alcohol for mechan- 
ical and medical purposes," was taken up and read a third 
time. 

Mr. Matthews moved to laj on the table, which motion was 
not agreed to. 

Mr. Baglej moved to amend by adding a section as 6, to 
wit: 

Be it further enacted, That the said Malcolm Mclnnis shall 
not add to the present capacity of his distillery, nor establish 
any branch or branches." 

Which ^vas agreed to. 

The question recurring on the passage of the bill as amen- 
ded, Mr. Matthews asked for the yeas and nays, and one-fifth 
agreeing : 

Those ■\?ho voted in the affirmative are, 

Messrs. Bagley, Blount, Copeland, Dickson, Euro, Faison, 
Hall, Harris, Holeman, Lassiter, Leitch, Patrick, Slaughter, 
Taylor of Nash, "Warren, White, Wiggins, Wright, and 
Young — 19. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Brown, Carroway, Dickerson, Jarratt, Jones, Matthews, Mur- 
ril), IMeal, Patton, Powell, Simpson, Sharpe, Smith of Anson, 
Smith of Macon, Smith of Stanly, Taj'lor of Chatham and 
Whitford— 20. 

So the bill was rejected. 

Mr. Young, from the Committee to superintend the elec- 
tion of Trustees of the University, reported that Kemp P. 
Battle received a majority of the whole number of votes cast, 
and is elected ; that no one of the other persons voted for, 
having received such majority, there is no election as to 
them. 



1862-'63.] SENATE JOURNAL. 57 

A message from the House of Commons was received, that 
thej agree to the amendments made by the Senate to the 
House bill, entitled, "A bill to amend the Charter of the 
Chatham Railroad Company," and said bill is ordered to be 
enrolled. 

The consideration of the bill entitled, " A bill to amend an 
Ordinance of the Convention, entitled, " An Ordinance to 
Charter the Piedmont Railroad Company," was resumed. 

The question being on the passage of said bill, on its second 
reading, Mr. Arendell asked for the yeas and nays, and one- 
fifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams. of Guilford, Brown, 
Copeland, Dickerson, Eure, Holeman, Murrill, Patton, Pow- 
ell, Simpson, Sharpe, Smith of Anson, Smith of Stanly, White, 
Wooley and Young — 17. 

Those who voted in the negative are, 

Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- 
son, Hall, Harris, Jarratt, Jones Lassiter, Leitch, Matthews, 
Neal, Patrick, Sanders, Smith of Macon, Taylor of Chatham, 
Taylor of JSTash, Warren, Whitford and Wright— 22. 

So the bill was rejected. 

The bill entitled, " A bill authorizing the Governor to en- 
dorse the guarantee of the State, upon bonds of the Confeder- 
ate Government," was read a second time, and 

On motion of Mr. Smith, of Macon, posponed, and made 
the special order for Thursday, 12 o'clock. 

The bill entitled, " A bill to amend the law relative to the 
hours of keeping open the public offices of the Capitol," was 
read a second time and rejected. 

A message was received from the House of Commons, that 
they transmit the following engrossed bills and resolutions, 
entitled, to wit: 

A bill to incorporate the Randolph Manufacturing Com- 
pany ; 

Resolution in favor of Wm. Thompson ; 

Resolution in favor of John Roseman ; and 



58 SENATE JOURl^AL. [Session 

Kesolntion granting to John Mastin, late Sheriff of Stokes^ 
further time to collect arrearages of taxes, which was read 
first time. 

Mr. Matthews moved to suspend the rnles in order that 
the resolution in favor of John Mastin might be read a se- 
cond time ; but, the motion was not agreed to. 

Mr. Matthews introduced a resolution, to wit : 

Resolved^ That a message be sent to the House of Com- 
mons, proposing that the two Houses adjourn, sine die, on 
Monday next, at 5 o'clock. 

Mr. Warren moved to lay the resolution on the table, 
which was not agreed to. The resolution was adopted. 

The bill entitled, '"A bill to be entitled, ' An act supple- 
mental to, and declaratory of an act ratified December 20th, 
1862,' entitled ' An act to provide ways and means for the 
Treasur}'^,' and to repeal a portion of an ordinance of the State 
Convention, ratified 19th Feb., 1862," was read a second time 
and passed. 

The resoluton entitled, " A resolution to authorize the Go- 
vernor to appoint a commissioner to visit the various regi- 
ments in North-Carolina, and enquire as to their condition," 
was read a second time, and on motion of Mr. Murrill, laid on 
table. 

The bill entitled, " A bill to prevent the property of sold- 
diers from being attached," was read a second time and re- 
jected. And, on motion of Mr. Arendell, the Senate adjourn- 
ed tmtil 10 o'clock to-morrow morning. 



WEDNESDAY, February 4, 1863. 

Mr. Warren, from, the Committee on the Judiciary, report- 
ed npon the bill entitled, " A bill to amend an act passed at 
the present session of the General Assembly, entitled, ' An 
act for the relief of our sick and wounded soldiers,' " recom- 
mending that it do not pass. 

The bill entitled, •' A bill to be entitled, ' An act supple^ 



1862-'63.] SENATE JOUENAL. 59 

mental to, and declaratory of, an act ratified, December 20th5 
1S62,' entitled, 'An act to provide ways and means for sup- 
plying the Treasury,' and to repeal a portion of an ordinance 
of the State Convention, ratified 19th February, 1862," w^as 
read a third time and passed. 

The resolution entitled, " A resolution in favor of John 
Roseman," was read a second time and referred, on motion of 
Mr. Warren, to the Committee on Claims. 

The following entitled bills and resolution were read a se- 
cond time and passed, to wit : 

A bill amending an act to incorporate the town of Ashe- 
ville ; 

A bill to incorporate the Randolph Manufacturing Com- 
pany; and 

Resolution in favor of "Wm. Thompson. 

The bill entitled, " A bill to authorize Jesse Grant to man- 
ufacture a limited quantity of whiskey, for medical purposes," 
was read a second time, and on motion of Mr. Simpson, post- 
poned indefinitely. 

The resolution entitled, " Resolution granting further time 
to John Mastin, late Sheriff of Stokes, to collect arrearages of 
taxes," was read a second time and passed, when, on motion 
of Mr. Taylor of Chatham, the rules were suspended, and the 
same was read a third time, and amended, by striking out 
"Mastin," and inserting " Martin "in the resolution and fl!]o 
of the same, on motion of Mr. Matthews. The resolution, ;ie 
amended, passed. 

Mr. Taylor, of Chatham, moved tore-consider the vote by 
which tlie bill entitled, " A bill to amend an ordinance of 
the Convention entitled, 'An Ordinance to Charter the Pied- 
mont Railroad Company," was rejected. 

Mr. Arendell moved to lay that motion on the table, and 
asked the yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are :— 

Messrs. Arendell, Bagley, Blount, Carroway, Drake, FaisoR, 
Hall, Harris, Jones, Lassiter, Leitch, Matthews, Keal, Patricky 



60 SENATE JOURNAL. [Session 

Sanders, Slaughter, Smith of Macon, Taylor of Nash, and 
Warren — 19. 

Those who voted in the negative are : — 

Messrs. Adams of Davidson, Adams of Guilford, Brown, 
Copeland, Dickson, Dickerson, Holeraan, Murrill, Patton, 
Powell, Simpson, Sharpe, Smith of Anson, Smith of Stanlj, 
Taylor of Chatham, Whitford, "White, Wiggins, Wooley, 
Wright and Tonng — 21. 

So the motion was not agreed to. 

The motion to recon-^ider prevailed, and said bill was read 
a second time and passed. 

Mr. Young moved to suspend the rules in order that the 
bill might be read a third time, but the motion was not 
agreed to. 

A message was recoived from the House of Commons, that 
the}'' agree to the proposition to go into an election for Trus- 
tees of the University at 1 o'clock to-day, and appoint Messrs. 
Dunn and Bynum, as the committee on their part, to super- 
intend the election. 

The Speaker announced Messrs. Smith, of Macon, and Simp" 
son as said committee on the part of the Senate. 

Another message was received from the House, that they 
thej transmit the bill entitled " A bill to be entitled Reve- 
nue," with accompanying amendments to which they ask the 
agreement of the Senate. 

Mr. Hall moved that the Senate do not agree ; which mo- 
tion prevailed. 

The Senate now proceeded to ballot for five Trustees of the 
University, 

The following bills and resolutions were taken up on their 
second reading, entitled, to wit : 

" Resolution in favor of W. W. Happer," read and referred, 
on motion of Mr. Blount, to the Committee on Claims; 

"A bill to appoint Commissioners to sell old jail in Wilkes' 
county," read and passed, and the rules having been suspend- 
ed, on motion of Mr. Sharpe, read a third time and passed ; 

A bill to incorporate the Macon County Mining Company ; 



1862-'63.] SENATE JOURNAL. 61 

A bill to incorporate the Tnckaseege Mining Company ; 

A bill to incorporate the Franklin Mining and Manufac- 
turing Company; 

And a bill to incorporate the Nantahala Mining Com- 
pany, were read and passed, and the rules having been sus- 
pended, on motion of Mr. Arendell, were severally, again, 
read a third time and passed. 

Mr. Jarratt introduced a bill entitled " A bill authorizing 
the levying and collecting taxes in the county of Yadkin for 
the year 1863, not levied at the proper time of the county 
court;" which was read first time, when, on his motion, the 
rules were suspended, and the same was read a second and 
third times and passed. 

The bill entitled " A bill to authorize and empower Isaac 
A. Rue, late Sheriff of McDowell county, to collect arrear- 
ages of taxes due said Sheriff for the years 1860-'61," was 
read a second time and passed, when, on motion of Mr. Nealj 
the rules were suspended, and the same was read a third 
time, amended by altering the name to Isaac A. Real, and 
passed. 

The bill entitled " A bill to incorporate the town of Mar- 
shall, in Madison county, under the law for the better regu- 
lation of towns," was read a second time and passed. 

The bill^entitled " A bill to amend the Revised Code in re- 
lation to habeas corpusj^ was made the special order for Fri- 
day, 12 o'clock, on motion of Mr. Warren. 

Mr. Warren recommended Wra. B. Gulick as a Justice of 
the Peace for Beaufort county; Mr. Matthews recommended 
J. T.W. Davis, also, as a Justice of the Peace, for Stokes coun- 
ty, and Mr. Wright recommended as Justices of the Peace for 
Cumberland county, Robert Williams and K. M. 0. Wilham- 
son, and a message was sent to the House of Commons in re- 
lation to the same. 

On motion of Mr. Young, the Senate adjourned until Sf 
o'clock, P. M. 



62 SENATE JOURNAL. [Session 

I'AFTEKiirooN Session — Three-and-a-Tialf o'clock^ P. M. 

On motion of Mr. Leitch, a recommendation of Terrel Cov- 
ington as Justice of the Peace for Richmond county, and also 
recommendation of L. L. Moore, D. C. Clark, John A. Reid, 
J. J. Goodwin, and James Overstreet, on motion of Mr. 
Wrij^ht, were sent to the House of Commons. 

A message from the House was received, that they insist 
upon the amendments made to the Revenue bill, and ask that 
.11 committee of conference be raised to consider of the matters 
of disagreement, and they appoint Messrs. Shepherd. Person, 
Watson, Allison and Russell, of Brunswick, the House branch 
of said committee. 

The Senate agreed thereto, and the Speaker announced 
Messrs. Young, Wiggins, Wright, Hall and Smith, of Stanly, 
as the Senate branch of said committee. 

Leave of absence was granted to Mr. Hall for the afternoon, 
on motion of Mr. Eure. 

On motion of Mr. Wright, the engrossed resolutions enti- 
tled " Resolutions in relation to prisoners confined in Salis- 
bury," were taken up and read a second time and passed, 
when the rules were suspended, and the same were read a 
third time and passed. 

Mr. Simpson, from the Committee to superintend the elec- 
tion of Trustees of the University, reported that M. L. Wig- 
gins, L. F. Siler and F. E, Shober, having receivea a majority 
of the whole number of votes cast, are elected. 

The resolutions entitled " Resolutions relating to the cur- 
rency," were read a second time and, on motion of Mr. 
Young, laid on the table. 

The bill entitled " A bill to incorporate the North-Carolina 
Christian Advocate Joint Stock Publishing Company," was 
read a second time and passed, when, on motion of Mr. 
Adams of Guilford, the rules were suspended and the same 
was read a third time and passed. 

On motion of Mr. Sanders, a message was sent to the House 
of Commons that the Senate proposes to go forthwith into an 
election for two Trustees of the University ; and the Speaker 



1862-'63.] SEI^ATE JOURNAL. 63 

announced as the committee to- superintend the election, 
should the House agree, Messrs. Sanders and Copeland. 

The following entitled resolutions and bills transmitted 
from the House of Commons duly enrolled and signed by the 
speaker thereof were signed by the Speaker of the Senate, 
to wit : 

" A resolution in favor of James M. Neal," 

Kesolution in favor of A. C. Latham, Sheriff of Craven 
county. 

Resolution in favor of Daniel Tucker. 

Resolution in favor of George Credle. 

A Resolution in favor of Wm. L. Shannon. 

Resolution in reference to the bounty of soldiers. 

Resolution to correct an error on the tax roil of Burke 
county. I 

An act in favor of Isaac Arledge. 

An act to amend the 46th chapter of the Revised Code, 
18th section. 

An act to authorize incorporated towns to lay an ad valo-' 
rern tax on slaves. 

An act for the relief of the citizens of Alleghany county. 

An act to alter the rules of law in relation to the probate 
of wills. 

An act authorizing one-third of the whole number of Jus- 
tices of tlae Peace in any county to transact county business. 

An act to legalize the proceedings of a county court held 
in Henderson county. 

An act to amend an act to empower the town of Wilming- 
to establish streets in said town and for other purposes. 

An act to authorize and enable C. A. Boon, sheriff of Guil- 
ford county and Joseph Luske, sheriff of Gaston county, to 
collect arrearages of taxes. 

An act for the benefit of persons who have entered vacant 
lands, and 

An act to legalize the proceedings of a county court held 
in Catawba county. 

Mr. "Warren, from the Committee on the Judiciary repor- 



64 SENATE JOURNAL. [Session 

ted upon the bill entitled " A bill to amend certain sections 
of the Revised Code in regard to free negroes," and recom- 
mended that it do not pass. 

On motion ot Mr. Young, the Senate adjourned until ten 
o'clock to-morrow morninnr. 



THURSDAY, Febetjary 5, 1863. 

Mr. Lassiter, from the Committee on Propositions and Grie- 
vances, reported back the memorial of H. T. Wolstenholmes, 
and recommended that it be referred to the Committee on 
Claims ; and the same was so referred. 

Mr. Eure, from the Committee on Military Affairs reported 
upon the bill entitled " A bill to enroll free negroes and put 
them in the service as cooks," recommending that it do' 
not pass. 

Mr. Young introduced a bill entitled " A bill to authorize 
the Deacons or Trustees of Sharon Church to sell the Parson- 
age and lands attached belonging to the said? congregation ;" 
•which was read first time, when, on his motion, the rules were 
suspended and the same was read a second and third time 
and passed. 

Mr. Hall introduced a bill entitled " A bill to repeal the 
20th section of the 31st chapter of the Revised Code ;" which 
"was read first time and referred, on his motion, to the 
Committee on the Judiciary, and also a resolution entitled 
"■ A resolution in favor of the Wilmington and Weldon Rail- 
road Company ; " which was read first time, when the rules 
were suspended, on his motion, and said resolution was read 
a second time, and referred, on motion of Mr. Warren, to the 
Committee on Claims. 

Mr. White introduced a bill entitled " A bill to authorize 
ihe Judges at Chambers to decree sales of land held by 
.minors ; " which was read first time and referred, on his mo- 
tj on, to the Committee on the Judiciary; also a resolution 
entitled " Resolution in favor of James Freeman ; " which 



18G2-'63.] SENATE JOURNAL. 6.5. 

was read first time and referred, on his motion, to the Com- 
mittee on Claims. 

The bill entitled " A bill to amend an act passed at this 
session of the General Assembly, entitled 'An act for the re- 
lief of our sick and wounded soldiers," was read a second time 
and rejected. 

The bill entitled " A bill to amend an ordinance of the 
Convention entitled ' An ordinance to charter the Piedmont 
Railroad Company,' " was read a third time, when Mr. Lind- 
say moved to postpone indefinitely, and asked for the yeas 
and nays, and one-fifth agreeing : 

Those who voted in the afiirmative are, 

Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- 
8on, Hall, Harris, Jones, Lassiter, Leitch, Lindsay, Matthews, 
Neal, Patrick, Sanders, Slaughter, Smith of Macon, Taylor of 
Nash, and Warren — 20, 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Copelan^ 
Dieker&on, Drake, Eure, Holeman, Jarratt, Lane, Muri3]j. 
Patton, Powell, Ramsay, Simpson, Sharpe, Smith of Aiison, 
Smith of Stanly, Taylor of Chatham, White, "Wiggins, Weeleyj, 
Wright and Young — 23. 

So the motion did not prevail. 

On the question of the passage of th« bill, Mr. Arendell 
asked for the yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Mesrs. Adams of Davidson, Adams of Guilford, Copeland, 
Bickerson, Drake, Eure, Holeman, Lane, Murrill, Patton, 
Powell, Ramsay, Simpson, Sharpe, Smith of Anson, Smith of 
Stanly, Taylor of Chatham, White, Wooley, Wright and 
Young— 21. 

Those who voted in the negative, are, 

Messrs. Arendell, Bagley, Blount, Carroway, Dickson, Fai- 
fion, Hall,' Harris, Jarratt, Jones, Lassiter, Leitch, Lindsay, 
Matthews, Neal, Patrick, Sanders, Slaughter, Smith of Ma- 
eon, Taylor of Nash, Warren and Wiggins — ^22. 

So the bill was rejected. 
5 



66 SENATE JOURNAL. [SessfoB 

Mr. Arendell moved to re-consider the vote just giveOy 
and to lay that motion on the table, which was agreed to. 

Mr. Lassiter, from the Committee on Propositions and 
Grievances, reported back the bill entitled, " A bill for the 
rehef ol the wives and families of soldiers in the army," and 
asked to be discharged from its further consideration. The 
Committee were discharged accordingly. 

Mr. Murrill introduced a resolution, to wit : 

Resolved^ That the members of the Senate do contribute 
their per diem, of one day, for the purpose of purchasing 
wood for the indigent famihes of soldiers of this city, and that 
a committee of two be appointed to receive and pay the same 
to the Mayor, who shall apply it immediately, as herein spe- 
cified. 

The iresolution was adopted, and the Speaker appointexi 
3l^iS6sr3., Murrill and Adams, ol Davidson, as the Committee 
iSindsr the resolution. 

Mr. Copeland introduced a bill entititled, " A bill for the 
relief of indigent families of soldiers, in the army," which was 
read first time. 

On motion of Mr. Lassiter, the order of the day was post- 
poned, in order to take up a message received from the House 
of Commons, that they have adopted the report of the Com- 
mittee ot Conference upon the Eevenue Bill, and ask the 
agreement of the Senate. 

The roport of said committee was read. 

Mr. Lindsay moved to print the report and amendments 
made to the bill, and on this questiop asked for the yeas and 
aays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Arendell, Blount, Carroway, Jones, Lindsay, Mur- 
jrill, Sanders, Sharpe, Slaughter and Warren — 10. 

Those who vote^ in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Copeland, 
Dickson, Dickerson, Drake, Eure, Faison, Hall, Harris, Hole- 
man, Jarratt, Lane, Lassiter, Leitch, Matthews, Neal, Pat- 
ion, Patrick, Powell, Ramsay, Simpson, Smith of AnsoDj 



1862-^63.] SENATE JOURNAL. 6T 

Smith of Macon, Smith of Stanly, Taylor of Chatham, Tay- 
lor of Nash, Whitford, White, "Wiggins, Wooley, Wright and 
Young — 33. 

So the motion did not prevail. 

Mr. Lindsay moved to adjonrn, and it was not agreed to. 

On the question of the adoption of the report Mr. Aren- 
dell asked the yeas and nays, and one-iifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Dicker- 
son, Drake, Hall, Harris, Holeman, Jarratt, Jones, Lane, 
Leitch, Lindsay, Matthews, Neal, Patton, Ramsay, Simpson, 
Sharpe, Smith of Anson, Smith of Macon, Smith of Stanly, 
Taylor of Chatham, Taylor of Nash, White, Wooley, Wright 
and Young — 27. 

Those who voted in the negative are, 

Messrs. Arendell, Bagley, Blount, Carroway, Copeland, 
Dickson, Eure, Faison, Lassiter, Murrill, Patrick, Powell, 
Sanders, Slaughter, Warren, Whilford and Wiggins-^17. 

So the report was adopted, and is as follows, to wit: 

The Committee of Conference from the Senate and House 
of Commons, ask the concurrence of both branches of the 
General Assembly in the following amendments to the Reve- 
nue bill, viz: all of the House amendments subject to the 
alterations herein named, as follows: strike out the "first 
day of January," and insert the " first day of April " through- 
out the bill, as the day from which the taxable year shall be- 
gin ; strike out in the fourth clause of the first section, " or 
Confederate " after the word " county ;" add at the end of the 
6th clause as amended in the House : ^^^rovid^d, that no 
more cotton held by a manufacturer shall be exempt from 
this tax than is needed for the consumption of one year." 

In the second clause of section 1st, the House amendment 
is to be amended so as to provide that the list by the assessors 
shall contain as to slaves the number owned by each lister, 
with the aggregate value thereof. 

In section 6th, House amendments, insert "two years" for 
^'four." 



08 SEKATE JOURKAL. [Sesmm 

Section 60, clause , strike out "one hundred dollars in 

any county where they deliver packages /' and say "on all 
Express Companies, $600.'" 

In section 69, clause 11, strike out " $100,'^ and say ''$60."" 
In section 59, in the House amendments, add "and all 
articles manufactured out of leather." 

In new section 121, provide a copy of this act for each 
member of the General Assembly. 

Eespectfully submitted, 

J. G. SHEPHERD, 
JFo7' the Committee. 

X 

The following are the House amendments accompanying, 
the foregoing report, and agreed to as the part of the same^ 
to wit : 

For the second clause of the first section sustitute as fol- 
lows : " All slaves (excepting such as the County Courts 
may have exempted, or may hereafter exempt from taxation 
on account of bodily or mental infirmity,) and for the purpose 
of ascertaining the value the County Courts shall appoint 
three assessors for each Captain^s District, whose duty it shall 
be, within twenty days, to assess the value of the slaves in 
their district, and make return of the lists to the Clerk of the 
County Court, which list shall set forth each slave and the 
value thereof, from which lists the Clerk shall within live 
days ascertain the average value of the slaves in his county^ 
and transmit a certificate thereof to the Public Treasurer, 
who with the assistance of the Comptroller, shall ascertain 
therefrom the average value of slaves in the State, and ad- 
vertise it in the public newspapers, and certify the same to 
the Clerks of the County Courts within ten days, and the 
Clerks in making out the tax lists shall add to or deduct from 
the assessed value of the slaves in his county such per cent- 
age as shall be necessary to cause the value so assessed in his 
©ounty to correspond with the average value throughout the 
State. And any person failing or neglecting to perform any 
of the duties herein prescribed, shall, upon motion by the 



1862-^63.] SENATE JOURNAL. 69 

County Attorney, in the Superior or County Court, in the 
name of the State, be amerced in the sum of two hundred 
-dollars. And, when any assessors or clerks shall fail to make 
returns, the Clerk or Treasurer shall ascertain the average 
from the number of returns received. 

For the fourth clause of the first section, substitute the fol- 
lowing : " Money invested in manufacturing and steamboat 
corporations or companies, according to the shares as fixed 
by the charter, if the shares be in a corporation, and if there 
be no incorporation, then upon the amount invested ; also 
money invested in County or Confederate bonds or State 
bonds issued since the 23d of February, 1861; also money 
invested in every species of trade and traffic not otherwise 
taxed herein." 

Add at the end of the 6tli clause of the 1st section the fol- 
lowing: "And ail cotton and tobacco, except that which is 
owned by the producer, or which has been purchased by the 
owner for his own use or that of his family or dependents, and 
further, except such cotton as may have been purchased by 
anj^ person or corporation for the purpose of manufacturing." 

Insert between the 3d and 4:th sections the following as an 
additional section : " Every dollar of nett dividend or profit 
(not previously listed) declared, received or due on or before 
the first day of January in each year, upon money or capital 
invested in shares in the Bank of Washington, the Merchants' 
Bank of Newbern, the Bank of Wadesborough, the Bank of 
Fayetteville, the Commercial Bank of Wilmington, the Far- 
mers' Bank of North-Carolina, the Bank of Charlotte, and 
the Bank of Yanceyville, shall pay an annual tax of eight 
cents; but, the same shall not be subject to any county tax." 

In section 3, after the word "edifices" in 6th line insert 
the words " and parsonages." Strike out the word " and " in 
the 6th line between the words " structures and edifices." Ija 
section 4, strike out all after the word " corporations " and 
insert the following, " shall be listed among the individual 
propert}'' of stockholders, in the county where the stockholder 
i'esides." 



70 . SEIifATE JOUKI^AL. [Sessiott 

Strike out all between sections 5 and 14, and insert the fol- 
lowing : 

Sec. 6. Be it further enacted,, That at the first Court of 
Pleas and Quarter Sessions fur each count}^ held on or before 
the first Monday of March, and at the same time every four 
years thereafter, the Court shall appoint one Justice of the 
Peace and two freeholders, men of skill and probity, for each 
Captain's district in the county or for each school district at 
the option of the Court, who shall be styled the district board 
of valuation of their respect districts. 

Seo. 7. The Clerk shall issue a notice of his appointment to 
each man within five days after adjournment of the Court. 
Should the Court fail to make the required appointments, or 
should from any cause a vacancy occur, any three Justices of 
the iPeace may make the required appointments, or fill the 
vacancy. 

Sec. 8. This district board of valuation shall, as near as 
practicable, ascertain the cash value of every tract of land or 
other real estate, with the improvements thereon, situate in 
their district ; and also the cash value of every slave re- 
quired to be listed for taxation in their district, either by 
viewing the same or otherwise. 

Sec. 9. In estimating the value, the board may call and 
swear witnesses to testify thereto; and they shall take into 
the estimate any fishery appurtenant thereto or used with 
the land ; also all mines of metal, stone or coal, or other ma- 
terial discovered, or supposed to exist, whereby the price of 
land is enhanced ; also all machinery and fixtures for manu- 
facturing or mechanical purposes, that have been erected of 
used on the land. When a tract of land shall be in one or 
more districts, the board of the district in which the owner 
resides, shall ascertain the value of the whole tract, and if the 
owner reside in neither of the districts, the board of the dis- 
trict in which the larger part may lie, shall ascertain the value 
of the whole. 

Sec. 10. The owner of the land or slaves, or (if he be a non- 
resident) his agent shall furnish the district board with a list^ 



1862-''e3,] SENATE JOtTENAL. 71 

iQclnding I'and entries, setting forth the separate tracts, and 
also the several contiguous bodies or tracts of land owned bj 
him in the district, together with the names of the water 
courses, or other noted places, on or nearest to which they 
may be situated, and the number of acres in each separate 
tract or contiguous body of land, and also the names, ages 
and number of the slaves he is bound to list. Town lota 
shall be listed separately, and each lot be numbered accord- 
ing to the plot of the town. Each separate body or tract of 
land, and each town lot shall be separately and distinctly 
valued and returned. 

Sec. 11. The district boards shall, in each case, administer 
the following oath to the person furnishing the required list : 

" You, A. B., do solemnly swear that the list by you fur- 
nished contains a full statement of every tract of land and 
town lot in this district, for the taxes of which you are liable, 
either in your own right or the right of any other person, 
either as guardian, attorney, agent or trustee, or in any 
other manner whatsoever, to the best of your knowledge 
and belief. So help you God." 

Sec. 12. If any person shall refuse to furnish the list re- 
quired above, or to take the oath prescribed in the preceding 
section, he shall be deemed guilty of a misdemeanor, and the 
Justices of the Peace of said board, shall bind him over to 
appear at the next term of the Superior Court of the county, 
to answer the charge, and on conviction or submission, he 
shall be lined at tJie discretion of the Court. 

Sec. 13. When the owner of the land, and slave or slaves, 
or (if he be a non-resident of the State,) his agent, be not a 
resident of the district where the land is situated, and the 
slaves required to be listed, the required list, with affidavits 
of the same import as the above required oath, subscribed and 
sworn to before, and certified by a Justice of the Peace, may 
be transmitted to the district board of valuation, and if re- 
ceived before the board, shall be ready to value the land and 
slaves contained in the list ; such list shall be received as 



75. SENATE JOUKKAL. [Session 

though tendered and sworn to by the agent or "owner, in 
person. 

Sec. 14. "When the board of valuation are not furnished 
with a h"st sworn to as above required, or the owner or agent 
refuses to answer to the correctness of the statement as fo the 
number of acres contained in any tract of land, they may pro- 
cure a county or other surveyor, and have the same surveyed. 
And the surveyor may recover the amount of his fees and all 
expenses out of the owner of the land, before a Justice of the 
Peace, by warrant or attachment, and the board may exam- 
ine witnesses on oath as to the nnrnber and description of the 
slaves. 

Seo. 15. The district boards of valuation shall, as soon as 
practicable after their appointment, proceed to value all real 
property and slaves required to be listed in their respective 
districts, as above directed, complete the lists by the first 
Monday of April after their appointment, and annex the fol- 
Jowing affidavit, subscribed and sworn to before a Justice of 
the Peace, who shall certify the same : " We do solemnly 
swear that we have diligently enquired, and do not believe 
that there is any real property or slaves required to be listed 

in, the district of county, subject to taxation, that 

is not entered and valued in the above list, and the foregoing 
valuation is, in our judgment and belief, the actual value 
thereof in cash, and that in assessing the same, we have en- 
deavored to do equal justice to the public and to the individ- 
uals concerned. So help us God." This list and valuation 
shall remain in the hands of the Justice of the Peace of the 
board, and be open to inspection of any one who wishes to 
examine it, until returned as hereinafter directed. 

Sec. 16. On the Thursday subseqiTent to the first Monday 
of April, after the appointment of the district boards of val- 
uation, the persons who were appointed as Justices of the 
Peace to be members of the different district boards, shall 
meet at the Court House and organize themselves into a 
county board of valuation, by electing, by ballot, one of their 
members chairman, and another secretary. In case a Jus- 



1862-'63.] SENATE JOUKNAL. 73- 

tice of tlie Peace of auy district board, from any cause, can-. 
not attend, the elder of the two members of the board shall- 
take his place. 

Sec. 17. To this county board of valuation shall the dis- 
trict boards of valuation make returns of their lists. This 
board shall carefully examine and compare all the lists, and 
if, in their opinion, the real property and slaves throughout , 
the county, shall not have been assessed by a uniform stand- 
ard of value, they may re-assess any district or auy separate 
tract or tracts, or lots of land, and also any slave or slaves. 

Sec. 18. If any one deem that too high a valuation was put 
on his land, or slave or slaves, he may apply to the county 
board of valuation for redress, and they shall duly consider 
the case and decide as in their judgment is right. The board 
may call, swear and examine witnesses, or in person vie\« the , 
land or slaves, about the value of which they are in doubt. 

Sec. 19. Two thirds of the entire number of the members 
composing the county board of valuation, shall form a, 
quorum for the transaction of business, and the decision of 
the majority of the members present shall stand as the deci- . 
sion of the board. 

Sec. 20. If, in the opinion of the county board of valua- 
tion, any tract or tracts of land, or town lots, or slave or slaves, . 
shall have been assessed at too low a value, they shall make 
lists of such tracts, or lots and slaves, and post them in at least 
two conspicuous places in the Court House, at the time of their , 
adjournment. After they shall have examined and compar- 
ed the lists, heard the complaints of all who may feel them- 
selves agrieved, by the valution of their property, the board 
shall post the lists as above required, and adjourn until the 
fourth Monday of April, when they shall again meet at the 
Court House, hear the complaints of all who may feel them- 
selves aggrieved by their former action, or by the original 
valuation, and decide each case as to them may appear right,, 
and from their decision there shall be no appeal. 

Sec. 21. When the county boards of valuation shall have j 

performed the duty on them imposed, they shall return the | 



74 SENATE JOURNAL. [Session 

lists received of the district boards of valuation, as by them 
revised and corrected, to the clerk of the county court, before 
whom they shall subscribe and swear to the following affida- 
vit, annexed to the list returned : 

" We solemnly swear that the foregoing lists have been 
carefully examined and compared,. and, in our judgment 
and belief, they do, as now corrected, exhibit the actual cash 
va'ue of every tract or lot of land in this county, with the im- 
provements thereon, and privileges thereto attached, and of 
the slaves required lo be listed in this county, and in the dis- 
charge of our duties, we have endeavored to do equal jus- 
tice to the public and to individuals concerned. Ho help us 
God." 

Sec. 22. Eachmemberof the county and district boards of 
valuation, shall receive, out of the county treasury, such com- 
pensation as the county court may allow, not exceeding three 
dollars per day, for the time he may have been engaged iu 
tlie discharge of his duties. 

Sec. 23. At the first court of Pleas and Quarter Sessions, 
of each county, which shall be held on or after the first day 
of April in each and every year, except in cases wherein a 
special court is hereinafter provided for, the court shall ap- 
point for each Captains district, or for each School district, at 
the option of the court, a Justice of the Peace, or a freehold- 
er of known skill and probity, to take the lists of taxable sub- 
jects, and the names of such takers of the tax lists wilh their 
respective districts, shall, during the term, be advertised at 
the Court House by the clerk. 

Sec. 24. If the court shall fail, from any cause, to make 
such appointment, any three Justices of the Peace of the 
county, may meet at the office of the Clerk of the County 
Court, on or after the first Monday of April, and appoint the 
takers of the tax tists for the county, or supply any vacancy 
arising from death or incapacity to act, and the clerk shall re- 
cord the same. 

Sec. 25. The Clerk shall issue notice of all appointments of 
takers of tax lists, as soon as made to the sheriff, who shall 



1862-'63.] SENATE JOURNAL. 75 

serve them within ten days, upon tlie appointees, whose duty 
it shall be to advertise, at three several places in their respec- 
tive districts, at least ten days before the time of listing, the 
places and times, when and where he will attend, for the pur- 
pose of receiving the list of taxables, which lists he shall take 
during the last twenty working days in April ; they shall per- 
fect their lists, and return them to the Clerk of the County 
Court, on or before the second day of May. 

Sec. 26. If any person appointed to take the lists of taxa- 
bles shall refuse or wilfully fail to discharge the duties of his 
appointment, he shall be deemed guilty of a misdemeanor. 

Sec. 27. Every person appointed to take the lists of taxa- 
bles, before he enters on the duties of his appointment, shall 
take the following oath, to be administered by any Justice of 
the Peace, to wit : 

" I, A. B., do solemnly swear that I will perform all my 
duties as taker of the tax lists for the district for which I have 
been appointed, according to my best knowledge and ability. 
So help me God." 

Sec. 28. It shall be the duty of every one liable to pay tax, 
residing in any district or having property therein liable to 
taxation, at the time and place appointed by the taker of the 
lists, to furnish him a written list of his taxables, mentioned 
in section first of this bill and in schedule A, hereinafter set 
forth, setting forth the number of acres of land he is bound to 
list, on what waters situate, the valuation of each tract of 
land, and the number, ages aud value of his slaves* as assess- 
ed by the board of assessors, next preceding the time of list- 
ing as reduced or increased by the Clerk of the County Court 
to the average State valuation, and any other slaves subse- 
quently acquired, and his estimate of value of such articles or 
subjects of taxation, not mentioned in the first section of this 
act, as are taxed ad valorem^ and such listing and valuation 
shall have reference to the property owned and the subjects of 
taxation held by the tax payer and its value on the first day 
of April next before the listing thereof, and the taker of the 
tax list shall administer to the person furnishing said list the 
following oath j 



76 SENATE JOUKNAL. [Session 

" You solemnly swear that the list by you furnished con- 
tains a full statement of all the property and subjects of taxa- 
tion which you are bound to list, either in your own right or 
in the right of any other person, and that the property valued 
by you is not worth more in cash than the valuation annexed, 
to the best of your knowledgeand belief " : Provided however^ 
that in the year 1863, the takers of the tax lists shall not take 
the lists of lands and slaves, but they shall be ascertained by 
the Clerk of the County Court, and entered by him on the 
tax lists to be furnished to the sheriff or tax collector, from 
the lists of the assessors ; the value of the slaves being brought 
to the State average as provided in section 35, and after the 
year 1863, and until another assessment of slaves, they shall 
be listed at the same valuation Hxed by the general State 
average, until the next assessment: Provided however, i\\^t 
when the tax lister shall make oath in writing that any slave 
has become greatly impaired in value by reason of disease, or 
other bodily or mental infirmity, he maj" list such slave at 
such price as he may State on oath is the then present value 
of such slave. And when a slave shall have been acquired 
after the assessment, the person listing shall list him at the 
same value at which he was listed by his former owner, 
increased or diminished according to the State average if 
known to him, and if not known to him he shall file a written 
affidavit stating his cash value on the first day of January 
preceding, such listing, and as to slaves born after the assess- 
ment, the lister shall be required to state on oath their cash 
value on the first day of April preceding, and they shall be 
listed accordingly. 

Sec. 39, Every taker of the tax lists shall be allowed such 
compensation for his services as the Count}'' Court may in its 
discretion allow to be paid out of the county treasury. 

Sec. 30. Every taker of the tax lists after the year 1803, 
shall be furnished by the Clerk of the County Court with a 
fair copy of the returns made by the last board of valuation 
of the real estate and slaves in his district, and with the 



1862-'63.] SENATE JOUEKAL. 77 

necesary printed form of tax bills, to be furnished by tlie 
Coinptroller midev the provisions of this act. 

In Section 17, line 3, insert after the words " tax lists " as 
follows: "inserting therein for the year 1863, the land and 
slaves from the list returned to him by the assessors, increa- 
sing or diminishing the valuation of slaves in the rates that 
the average State valuation as published by the Comptroller 
shall exceed or fall short of the average county valuation of 
slaves. 

In Section 18, strike out all after the word " other " in the 
8d hne. 

In section 19, insert after the vrord "number" in the 5th 
line, the word " ages." 

In section 23, strike out all after the word " his " in the 
2d line and insert " taxes, specifying how much is for State 
taxes and how much is for County taxes.. 

In section 33, strike out in 2d line the figures " 30 and 31," 
and insert "47 and 48." 

In section 35, strike out in 2d line the figures " 3 /'and 
insert the figures " 50." 

In section 39, strike out in lOtli line the figures " 34 and 
35," and insert " 55 and 56." 

In section 40, strike out in 2d line the figures " 33," and 
insert the figures " 50." 

In section 47, strike out in the 4th line the word "laid," 
and insert the word " bid." 

Section 52, add to the 9th clause the following : "Every 
gold headed cane in use, one dollar; every silver headed 
cane in use, fifty cents." 

Section 52, 10th clause, in line 52, after the woyd " cash- 
ier," insert the word "superintendents." 

Section 52, add at the end of the 11th clause, the following : 
jProvided, Jiowever, That the county courts of each county, a 
majority of the Justices beiilg present, in their discretion, 
may levy the above taxes on dog'', and the taxes collected 
levied under this section shall be for county purposes. 



78 SENATE JOITIINAL. [Session 

Section 52, clause 14, strike out the word " purchasers," in 
lines 96 and 99, and insert the word ■"profits." 

Section 52, add after tlie Mth clause, as a separate clause, 
the following : " On every dollar of nett profit or dividend 
declared, received or due, during the year preceding the 1st 
of April in each year, (and not previously listed) upon money 
or capital invested in manufacturing cotton or woolen goods, 
leather, articles made of leather, iron and tobacco, and also 
on every dollar of nett profit or dividend, on money invested 
in Steam Boat Companies, whether incorporated or not, and 
in Railroads, a tax of two cents." 

Section 60, strike out in line 2, the word " free," and insert 
the word "taxable." 

Section 61, in 2d line, strike out figures "55," and insert 
"75." 

Section 63, in 3d line, strike out figures "11," and insert 
"28." 

Section 64, strike out figures " 11," and insert " 28." 

Section 67, in line 8, strike out the word "deduct," and 
insert the word " debit." 

Section 68, in 3d line, strike out the words " twelve Justices 
being present." 

Section 69, clause 4, strike out all after the word " State," 
and insert " five per cent, upon the gross receipts." 

Section 69, clause 6, strike out all after the word "banker," 
in the 29th line, and insert the words " ten per cent, upon 
their profits." 

Section 69, clause 7, in 32d line, strike out the word "fifty," 
and insert the words "six hundred dollars." 

Section 69, clause 8, insert in the 35th line after the word 
" dollars," the words " every bagatelle or roulette table fifty 
dollars." 

Section 69, clause 15, line 70, strike out the words " thirty- 
five," and insert the word " fifty." 

Section 69, add between the 18th and 19th clauses, the fol- 
lowing as an additional clause : " From and after the first 
day of January, 1863, every person or corporation manufac- 



1862-'63.] SENATE JOURNAL. 79 

taring cotton or woolen cloth or a mixture of both, cotton 
yarn, leather, shoes, boots, flour, salt, implements of hus- 
bandry, wagons, wagon harness, and clothing, and iron, and 
every other person who, as principal or agent for another, 
carries on the business of manufacturing any of the foregoing 
articles, all nett profit above seventy-five per ceii't. upon the 
cost of production. 

Section 69, clause 27, add at the end of the clause, the fol- 
lowing: Provided^ That nothing herein contained shall sub- 
ject to a double tax the estate of a soldier in the service. 

Section SO, clause 4, strike out in the 30th line the words 
'• one quarter of." 

Section 80, to be inserted after clause 4, as an additional 
clause, as follows : 

" The President or Cashier of the banks herein^naraed, on or 
before the first day of October in each year, shall pay into 
the Public Treasury, the following tax upon each share of 
stock owned by corporations or individuals, to wit : The 
Bank of Washington, twenty-five cents ; the Merchants' 
Bank of Newbern, twenty-five cents; the Bank of Wades- 
borough, twelve-and-a-half cents; the Bank of Fayetteville, 
twelve-and-a-half cents ; the Commercial Bank ot Wilming- 
ton, twenty-five cents ; the Farmers' Bank of North-Carolina, 
twenty-five cents; the Bank of North-Carolina, ninety cents ; 
the Bank of Lexington, forty-five cents; the Miners' and 
Planters' Bank, forty-five cents ; the Bank of Commerce, 
forty-five cents ; the Bank of Clarendon, forty-five cents ; the 
Bank of Cape Fear, ninety cents ; the Bank of Wilmington, 
ninety cents ; the bank of Charlotte, twelve-and-a-half cents ; 
the Bank of Yancey ville, twent)'--five cents; the Bank of 
Thomasville, forty-five cents ; the Bank of Roxboro', forty-five 
cents ; and any other which may be chartered by this or any 
other future General Assembly, ninety cents on the share of 
one hundred dollars, and in that proportion for shares of a 
less value. And in case the said officers of any bank shall 
neglect or fail to pay the tax as herein required, said bank 
shall pay double the amount of said tax, and the same shall 



80 SENATE JOURNAL. [Session 

he sued for and recovered by the Attorney General in the 
name of the State, iu the Superior Court of the County of 
Wake." 

Section 81, insert after the word '^ omitted," in the 11th 
]ine, the words " to the best of his knowledge." 

Section 85, in line 6, strike out figures " 48," and leave a blank. 

Section 101, in 7th line, strike out "1860," and insert 
"1862." 

Insert between sections 102 and 103 the following aa an 
additional section. 

Sec. 120. In all the counties of tliis State where the first 
term of the County Court next after the first of January is 
already passed by, or where, if held between the first of 
January and the first Monday of March, it shall pas? by with- 
out appointing assessors or tax listers as hereinbefore provi- 
ded, or whenever in any county, the first term of the County 
Court shall be after the first Monday in March, the Chairman 
of each of the said County Courts, or if there be no Chairman, 
then the Clerk shall direct a notice to the Justices of the 
said Courts to meet in their respective Court Houses to make 
the appointments aforesaid and also to levy taxes, and theClerk 
shall record on the minute docket of his court the proceed- 
ings of the said Justices in special sessign, Provided, that 
this section shall continue in force during the year 1863, and 
after that proceedings shall be had according to the previous 
sections of this act. 

Sec. 121. As early as practicable after the rn,tification of 
this act, the Comptroller shall have published three thousand 
copies of the same for the sherifis, clerks, assessors, tax listers 
and members of the Assembly and shall distribute the same 
among the different counties of the State by such mode as he 
and the Public Treasurer may adopt. 

Mr. Warren moved to adjourn until to-morrow morning 
ten o'clock. 

Mr. Adams of Cuilford moved to adjourn untH ''^ o'clock. 

The motion of Mr. Warren was agreed to, and che Senate 
adjourned accordingly. 



n62-m.] SENATE JOURNAL. 81 

FRIDAY, Februaky 6, 1863. 

Prayer bj Rev. Mr, Ilardie. 

The following engrossed bills were transmitted to the House 
of Commons, entitled to wit : 

A bill to incorporate the Nantahala Mining Company. 

A bill to incorporate the Macon County Mining Com- 
pany. 

A bill to incorporate the Franklin Mining and Mannfac- 
toring Company. 

A bill to incorporate the Tuckaseege Mining Company. 

A bill to authorize the deacons and trustees of Sharon 
Church to sell the parsonage and lands attached, belonging t^ 
the said congregation. 

A bill authorizing the levying and collecting of taxes in 
the county of Yadkin, for the year 1863, not levied at tho 
proper term of said court. 

A bill to incorporate the North-Carolina Christian Adv<>- 
«ate Joint Stock Publishing: Company ; and 

A bill in relation to the bounty of soldiers. 

The following bills and resolutions, duly enrolled and sign- 
ed by the Speaker of the House of Commons, were transmit- 
ted to the Senate and signed by the Speaker thereof, entitled 
to wit : 

Resolution in favor of Mary C. Gully ; 

Resolution in favor of the sureties of White D. Humphrey^ 
deceased, late Sheriff of Onslow County ; 

Resolution in favor of Rufus Galloway, Lewis Williamson^ 
Elias Barnes, Reuben King and sundry other Sheriffs and Tax 
Collectors ; 

An act to amend the Charter of the Chatham Railroad 
Company ; , 

An act concerning the State Educational Association o^ 
North-Carolina ; 

An act to amend the Militia Bill ; 

An act to incorporate the town of Dallas, in the County of 
Gaston ; 

An act supplemental to, and declaratory of, an act ratified 
6 



«2 SENATE JOURNAL. [gessioffi 

on the 20fh day of December, A. D., 1862, entitled, "An act 
to pi-ovide ways and means for supplying the Treasury," and 
^l8<?,to repeal a portion of an Ordinance of the State Conven- 
tion, raticiad 26th February, A. D. 1862. 

Messages wi&rxi r^eceived from the Plonse of Commons, that 
they agree to tbe amesidments niade by the Senate to the re- 
«olutions, entitled, "Resolution in relation to prisoners con- 
fined in Salisbury," and " Resolution in fai'or of John Mar- 
iin, Sheriti' of Stokes," and the same are ordered to be enroll- 
«o \ also, that they do not agree to the proposition of the Sen- 
ate, to go immediately into an election for two Trustees of the 
tJnivcrsity, 

ifr. Ramsay, from the Committee on Claims, reported upon 
the resolutions entitled, to wit : 

■ Resohiiion in favor of James "W. Freeman, recommending 
jRn ameiidinant ; and 

Resolution in favor of the Wilmington and Weldon Rail- 
road Company," recommending that it do pass. 

Mr. Ramsay also introduced a bill entitled, " A bill in ro- 
^tion to the bounty of soldiers," which was read first time, 
'fw'hen, on his motion, the rules were suspended, and the same 
vr&s read a second and third time and passed. 

Mr. Adams, of Guilford, was announced, as a member of 
the Committee on Enrolled Bills, in place of Mr. Wooley, ex- 
^cused, and to whom leave of absence was granted, on motion 
of Mr. ilall. 

Mr. Wright introduced a bill entitled, " A bill to incorpo- 
rate Dispatch Steam Boat Company," which was read, the 
>j;^les having been suspended on his motion, three several 
•times, and passed. 

On 'motion of Mr. Simpson, a message was .sent to the 
iHouse, that the Senate recommends as Justices of the Peace, 
ifor Rockingham county, Wm. L. Wright, Richard D. Harris, 
rand Wm. Lindsay. 

Leave of absence was granted to Mr. Matthews, from and 
.after to-day, on motion ,of Mr. Warren. 

Mr. Adams of Guilford, ,inoved to re-consider the vote by 



ll862-"63.] SENATE JOURNAL. -SO 

which was adopted the report of the Committee of Confe*- 
ence npon the disagreeing votes of the Senate and House oa 
the Revenue bill. 

Mr. Hall moved to lay the motion to re-consider on the tablle, 
and asked thereon the yeas and nays, and one-fifth agreeing: 
Those who voted in the affirmative are, 
Messrs. Dickerson, Drake, Hall, Harris, Jarratt, Leitch, 
Neal, Patton, Ramsay, Sharpe, Smith, of Anson, Smith, of 
Macon, Taylor, of Chatham, Taylor of Kash, White, Wright 
and Yonng— 17. 

Those who voted in the negative are, 
Messrs. Adams, of Davidson, Adams, of Guilford, Aveiy 
dell, Bagley, Blonnt, Carroway, Dickson, Eure, Faison, Gra- 
ham, Holeman, Jones, Lane, Lassiter, Lindsay, Matthews, 
Murrill, Patrick, Powell, Sanders, Simpson, Slaughter, Smith 
of Stanly, Warren, Whitford and Wiggins — 26. 
So the motion did not prevail. 

The question being on the motion to re-consider, the yeas 
and nays were asked, and one-fifth agreeing: 
Those who voted in the afiirmative are, 
Messrs. Adams of Guilford, Arendell, Bagley, Blount, Car- 
roway, Dickson, Eure, Faison, Graham, Jones, Lane, Lassiter, 
Lindsay, Murrill, Patrick, Powell, Sanders, Simpson, Slaugh- 
ter, Warren Whitford, and Wiggins— 22. 
Those who voted in the negative are, 
Messrs. Adams of Davidson, Dickerson, Drake, Hall, Har- 
ris, Holeman, Jarratt, Leitch, Matthews, Neal, Patton, Ram- 
say, Sharpe, Smith of Anson, Smith of Macon, Smith of Staa- 
ly, Taylor of Chatham* Taylor of Nash, White, Wright an<l 
young— 21. 

So the motion was agreed to. 

Tlie question on the adojJtion of the report was now put, 
and decided in the negative. 

On motion of Mr. Smith of Macon, a message was sent to 
the House of Commons, that the Senate proposes to raise a 
Committee ot Conference on the disagreeing votes of the two 
Hoaaeq upon the Revenue bill, and the Speaker announced 



^i SENATE JOURNAL. [Session 

83 said committee on the part of the Senate, should the House 
ftgree to the proposition, Messrs. Graham, Lane, Karasay, 
Warren and Smith of Macon. 

A message was received from the House, that they agree 
to the foregoing proposition, and appoint Messrs. Shepherd, 
Person, Eussell of Brnnswick, "Watson and Allison, as the 
committee on their part. 

Mr. Bagley introduced a bill entitled " A bill to raise five 
thousand troops for local defence ;" which was read first time. 

Mr. Arendell moved to take from the table the bill entitled 
"A bill authorizing the President and Directors of the Lit- 
erary Fund of North-Carolina to elect a Treasurer ;" which 
motion was not agreed to. 

A communication from the Public Treasurer, in answer to 
a resolution calling upon him for information, was read, and, 
on motion of Mr. Ramsay, referred to the Committee on the 
Insane Asylum, and ordered to be printed. 

Messages were received from the House that they transmit 
sundry engrossed bills and resohitionSy entitled, to wit : 

A bill in favor of C. Austin, sheriff of the county of 
Union ; which was read first time, when the rules were sus- 
pended on motion of Mr. Smith of Anson, and the same was 
read a second and third times and passed. 

A bill to incorporate the Anderson Monument Association ; 
which was read three several times, the rules having been 
suspended on motion of Mr. Young, and passed. 

A bill to establish courts to investigate charges against citi- 
zens of North-Carolina imprisoned on account of offences al- 
leged to have been committed against the Confederate 
States ; which was read first time and referred, on motion of 
Mr. Enre, to the Committee on the Judiciary. 

A bill to authorize and empower George W. Grumpier, 
late sheriff of Sampson county, to collect arrears of taxes ; 
which was read first time, when the rules were suspended on 
motion of Mr. Faison, and the same was read a seeond time 
and passed, and read a third time. 

Mr. Simpson moved to strike out the figures "1854, lS5&y 



1862-'63.] SENATE JOURNAL. 85 

1856 and 1857;" which was agreed to, and tho bill, as 
amended, passed. 

Resolution in relation to impressment of teams and wagons, 
&c., in Johnston county, &c.; which was read first time, 
when the rules were suspended on motion of Mr. Sanders, 
and the same was read a second time. 

Mr. Murrill moved to amend by striking out " Johnston," 
and inserting "North-Carolina;" which motion was not 
agreed to. 

The re8oluti<ms passed, and was read a third time. 

Mr. Lan^ moved to amend the preamble of the resolution, 
80 as to i^ad, " Whereas certain persons have been detailed 
to impress, &c., and have impressed ;" which was not agreed to. 

Th« resolution passed^ 

A bill in relation to the County Court of Brunswick 
County, was read three several times, the rules having been 
■siaspended, on motion of Mr. Hall, and passed. 

Resolutions in relation to the liberty of the people. 

Resolution in favor of B, J. Dunlap. 

Bill for the relief of J. W. Cromartie. 

A bill to change the time of holding the courts of probato 
^nd public sales' days in the county of Rutherford. 

A bill to authorize the securities of W. Profit to collect 
arrears of taxes. 

A bill to exempt old men from Militia duty. 

A bill in favor of the sureties of John S. Willis, late sher- 
iff of Bladen County. 

Resolution in favor of R. Y. Blackstock. 

Resolution in favor of R. Y. Blackstoek. 

Resolution in favor of J. B. Davis. 

Resolution in favor of W. W. Greer, and Resolution 
in favor of W. W. Downs, were read first time, and 

A bill authorizing the Governor to issue commissions to 
hold Courts of Oyer and Terminer and for other purposes, 
was read first time. 

Mr. Eure moved to refer said bill to tho Committee on tho 
Judiciary, and it was not agreed to. 



S« SENATE JOURNAL. [Sedsian 

Tlie rules were suspended, on motion of Mr. Hall, and the 
bill was read a second time. 

Mr. Hall moved to amend bj inserting between sections 
4 ard 5, an additional section, to wit : 

^e it further enacted, That the Judges holding said Oourt 
shall be entitled to the sum of one hundred and twenty dol- 
Ab.v% therefor. 

rilr. Murrill moved to amend the amendment by striking 
out all after the word " enacted " and inserting the words 
''That the Judges holding said Courts of Oyer and Terminer, 
siiall receive no pay over and above the regular salary of 
-nineteen hundred and fifty dollars per annum," which was 
agreed to. 

The question being on the amendment as amended, Mr. 
Milrrill asked for the yeas and nays, and one-fifth agreeing : 

'fliose who voted in the affirmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Carroway, 
Dickson, Holeraan, Jarratt, Lane, Murrill, Neal, Patton, 
Powell, Sanders, Simpson, Sharpe, Smith of Macon, Whitford^ 
White and Young— 18. 

Those who voted in the negative are, 

Messrs. Arendell, Bagley, Blount, Dickerson, Drake, Eure,^ 
Graham, Hall, Harriss, Jones, Leitch, Lindsay, Matthews,. 
Patrick, Karasay, Slaughter, Smith of Anson, Smith of Stanly, 
Taylor of Chatham, Warren, Wiggins and Wright — 22. 

So the amendment was rejected. 

Mr. Graham moved to amend by striking out all after the 
enacting clause, and inserting as follows, to wit : 

1. "That two terras of the Superior Courts of Law and 
Equity, shall be held in the several Counties of the State at 
the times and places designated in the Revised Code and the 
acts of the General Assembly passed subseqaiently thereto, 
including the act of the present General Assembly entitled,. 
'Auaetto estabhsh the eighth Judicial Circuit,' with full 
power and jurisdiction over all criminal causes and proceed- 
ings, which may be brought before them." 

2. "That the Supreme Court shall hold its sessions in th& 



1662-^63.] 'SENATE JOUENAL. St 

<Oity of Raleigh on the second Monday of Jnne, and the first 
Monday in December in each and eveiy year, at which shaH 
l>e heard and determined all causes in Law and Equity, whick 
«hall be brought before it, according to tbe jurisdiction con- 
ferred in said Court by section & of the Revised Code, chjap- 
ter SS;' 

Mr. Lane iiaoved to amend the amendment by adding a« 
follows: " Promded, That this act shall not appl^'^ to the pr©- 
visions of the ?ct of the last General Assembly, commonly 
known as the ' Stay Law^'' in regard to the collection of debts,* 
which was agreed to. 

Tire question being on the amendment, Mr. Graham asked 
for the yeas and nays, and one-fifth agreeing: 

Those who voted in the aflSrmative m-e, 

Messrs. Adams of Davidson, Adams of Guilford, Areridell, 
Blount, Carroway, Dickerscm, Graham, Jarratt, Lassiteiv 
Murrill, Xeal, Patton, Kamsay, Sanders, Simpson, Sharpe, 
Slaughter, Smith of Anson, Warren and White — 20. 

Those who voted in the negative are, 

Messrs. Bagley, Dickson, Drake, Eure, Eaison, Hall, Har- 
ris, Holeman, Jones, Lane, Leitch, Lindsay, Matthews, Patric^ 
Powell, Smith of Macon, Smith of Stanly, Taylor of Chatham^ 
Taylor of Nash, Whitford, Wiggins, Wright and Young — 2^. 

So the amendment was rejected. 

The bill passed and was read a third time, when Mr. War- 
ren moved to auiend by striking out all after the enacting 
clause, and insertiug the words of the amendment pixsposed 
by Mr. Graham, on the second reading, togethe'* with thesa 
words added to section 1: ^^Pravided, That the said Superior 
Courts shall not have jurisdiction of civil causes except as is 
now provided by law." 

Mr. Eaison asked the yeas and naj'^s, and one-fifth agreeing : 

Those who voted in the afSrmative are, 

Messrs. Adams of Davidson, Adams of Guilford, Carroway^^ 
Dickerson, Graham, Jarratt, Lassiter, Murrill, Neal, Pattoi^ 
Ramsay, Sanders, Simpson, Sharpe, Slaughter, Smith of Anson, 
Smith of Stanly, Warren and White— 19. 



[Session 

Those voted in the negative are, 

Messrs. Arendell, Bagley, Blonnt, Dickson, Drake, Enre, 
Faison, Hall, Harris, Holeman, Jones, Lane, Leitch, Lindsay, 
Matthews, Patrick, Powell, Taylor of Chatham, Taylor of 
Kash, Whitford, Wiggins, Wright and Young — 23. 

Go the amendment was rejected. 

Mr* Murrill moved to adjourn. Not agreed to. 

Tlie bill passed its third reading ; and on motion of Mr. 
Lindsay, the Senate adjourned until 10 o'clock, to-morrow 
morn in ff. 



SATURDAY, February 7, 18G3. 

Leave of absence was granted to Mr. Harris, on motion of 
Mr. Holeman. 

Mr. liamsay from the Committee on Claims, reported back 
the memorial of H. T. Wolstenholmes, and asked to be dis- 
charged from the further consideration thereof; and the com- 
mittee were so discharged. 

Mr. Leitch from the Committe on the Judiciary, reported 
back the bill entitled "A bill to establish courts to investi- 
gate charges against citizens of North-Carolina imprisoned on 
account of offences alleged to have been committed against 
the Confederate States," and asked to be discharged from its 
further consideration ; and the committee were so discharged. 

Mr. Sanders from the same committee, reported back upon 
the bill entitled "A bill to authorize the Judges at Chambers 
to decree sales of lands held by minors," recommending 
that it do not pass. 

A message was sent to the House of Commons, that the 
Senate recommends the following persons to be commission- 
ed as Justices of the Peace, to wit : Louis L. Merritt, for 
8ampson county ; Addison M. Sullivan, Julius A. Neely, 
John Graham, J. D. Johnston, Richard Culberston and Dan'i 
Lesse, for Rowan county. 

A message was received, from the House, that they agree 



1862-'63.] SENATE JOURI^AL. 89 

to the foregoing recommendations ; and they recommend, 
also, W. H. Walker, John Wescott, "Wm. Waters, and Peter 
Rourk, for Brunswick county ; Jonathan T. Gay and John 
W. Pugh, for Northampton, and Sam'I E. Hughes, for Colum- 
bus; to which the Senate agreed. . 

Mr. Lassiter moved to re-consider the vote by which the 
amendment to the bill entitled, " A bill to authorize and em- 
power George W. Grumpier, late sheriff of Sampson, to col- 
lect arrears of taxes," was agreed to. The motion prevailed, 
said amendment was rejected, and the bill passed. 

The following entitled bills were introduced, to wit : 

By Mr. Murrill, a bill to alter the time for the meeting of 
the General Assembly, which was read first time. Mr. Mur- 
rill moved a suspension of the rules, but the motion was not 
agreed to. 

By Mr. Matthews, a bill to prevent general starvation and 
to guard against an unfair execution of the conscript law, 
which was read first time, and referred, on his motion, to the 
Committee on Military Affairs. 

By Mr. Enre, a bill to amend the 23d section of an act pass- 
ed at the second extra session of the General Assembly, 1860 
and 'Gl, entitled, " Militia Bill,' which was read first time and 
referred, on his motion, to the Committee on Military Affairs. 

By Mr. Blount, a bill to be entitled "An act for the relief of 
sheriffs," which was read first time and referred, on his mo" 
tion, to the Committee on the Judiciary. 

Mr. Hall, for the Committee on the Judiciary, reported up- 
on the bill entitled, "A bill to repeal the 20th section of the 
31st chapter of the Revised Code," recommending that it do 
not pass. 

The resolution entitled, "Resolution in favor of James Free- 
man," was read a second time, when the ainendment recom- 
mended by the Committee on Claims, to wit : Strike out the 
word " chaplain " was adopted, and the resolution passed and 
was read a third time and passed. 

Mr. Lane moved to re-consider the vote on the same, and 
that motion was laid on the table. 



90 SENATE JOUENAL. [Session 

Said resolution and the bill entitled, " A bill to incorporate 
Dispatch Steam Boat Company," were sent, duly engrossed to 
the House of Conunons. 

On motion of Mr. White, the bill entitled, " A bill for the 
relief of the wives and families of soldiers in the arn.y," was 
taken up and read a second time. 

Mr. Lane moved to amend by striking out in section 3d, 
the words " white population," and inserting words " as fol- 
lows, to wit : "number of families of volunteers or soldiers 
who now are, or who have heretofore been, or may hereafter 
be in the service of the Confederate States, that are in indi- 
gent circnmatances and have not the means of support." 

Mr. Murrill moved to amend the amendment by striking 
out all after the word " number " and inserting as follows, to 
wit : "of soldiers in service from each county ; and, the Gov- 
ernor is hereby authorized and directed to issue his proclama- 
tion calling upon the Colonels of Militia of the State to ascer- 
tain the number of men who are now in the military service, 
or who have been in such service and have died, been killed 
or disabled, and report the whole number to the Adjutant 
General as soon as possible." 

Mr. Lindsay moved to lay on the table the bill and amend- 
ments, and Mr. Ramsay asked thereon the yeas and nays, 
and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Blount, Drake, Lindsay, Patrick, Powell, Sharpe 
and Slaughter — 7. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Carroway, Dickson, Dickerson, Eure, Graham, Holeman, 
Jarratt, Jones, Lane, Lassiter, Leitch, Matthews, Murrill, 
Neal, Patton, E-amsay, Smith of Anson, Smith of Macon, 
Smith of Stanly, Warren, Whitford, White, Wiggins, Wright 
and Young — 28. 

So the motion did not prevail. 

Mr. Slaughter moved to postpone until Wednesday next ; 
which was not agreed to. 



lS62-'63.] SENATE JOUENAL. ^1 

k Tlie question being on the amendment to the amendment, 
it was not agreed to. 

The amendment also was not agreed to. 

Mr. Young moved to amend by striking out all after the 
enacting clause, and inserting as follows, to wit: 

" That the Courts of Pleas and Quarter Sessions of this 
State, a majority of the Justices being present, and the Mayor 
ftnd Commissioners of incorporated towns and cities shall 
have power to make appropriations of money and levy taxea 
upon all subjects of taxation now taxed for State purposes to 
raise the same for the purpose of raising, equipping and pay- 
ing any police force which they may deem necessary for the 
protection of the citizens or property of the county, town or . 
city, and for the further purpose of rendering aid and support 
to the indigent families of persons engaged in the military 
service of the State ; and for these purposes the said counties, 
towns or cities shall have power to borrow money upon the 
faith and credit of the county, town or city, for which certifi- 
cates shall be issued and signed on behalf of the counties by 
the Chairman, and countersigned by the Clerk of the Court, 
and on behalf of the towns and cities, by the presiding oflScer 
of the Board of Commissioners, and countersigrTed by the 
Secretary of said Board ; and, that each county in the State 
providing for the indigent as herein proposed, shall be enti- 
tled to receive reimbursements for all money raised and pai^s 
out for that purpose by them : Provided^ That the claim of 
each county shall first be presented to the Public Auditor 
and allowed by him, when it shall be paid by the Public 
Treasurer to the properly authorized agent of the county." 

The consideration of the bill before the Senate was post- 
poned, on motion of Mr, Hall, in order to take up the bill en- 
titled, " A bill in relation to the Wilmington and Weldon 
Railroad Company," which was read a second time and pass- 
ed, when the rules were suspended, and the same was read a 
third time and passed. 

Leave of absence was granted to Mr. Copeland, on motion 
of Mr. Murrill. 



92 SENATE JOURNAL. [Session 

The consideration of the bill for the relief of the families of 
soldiers in the army, was resumed. 

The question being on the amendment proposed by Mr. 
Young, the yeas and nays were asked for by him, and one- 
lifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Carroway, Copeland, Drake, Holeman, Lane, 
Leitch, Murrill, Patrick, Powell, Sanders, Sharpe, Slaughter, 
Smith of Anson, Whitford and Young — 15. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arendell, 
Bagley, Dickson, Dickerson, Eure, Faison, Graham, Jarratt, 
Jones, Lassiter, Lindsay, Matthews, Neal, Patton, Ramsay, 
Smith of Macon, Smith of Stanly, Taylor of Nash, Warren, 
White, Wiggins and Wright — 24. 

So the amendment was not adopted. 

The bill passed, and was read a third time and amended on 
motion of Mr, Sanders, by inserting in section 1, line 6, be- 
fore the word "volunteers," the word "indigent," and, on 
motion of Mr. Graham, by striking out the words " volun- 
teers and " in same line and section, and also b}^ inserting the 
word " indigent" in line 8, same section, before the word 
*' soldiers," and by striking out same word in line 5, section 
5, and inserting it before the word "soldiers" therein. 

The question being on the passage of the bill as amended, 
Mr. Lindsay asked for the yeas and nays, and one-fifth 
aorreeing: 

Those who voted in the affirmative are, 

Messrs, Adams of Davjdson, Adams of Guilford, Arendell, 
Bagley, Carroway, Dickson, Dickerson, Eure, Faison, Graham, 
Jarratt, Jones, Lane, Lassiter, Leitch, Matthews, Neal, Pat- 
ton, Patrick, Ramsay, Sanders, Slaughter, Smith of Anson, 
Smith of Macon, Smith of Stanly, Taylor of Nash, Warren, 
White, Wiggins and Wright — 30. 

Those who voted in the negative are, 

Messrs. Drake. Hall, Holeman, Lindsay, Murrill, Powell, 
Sharpe, Whitford and Young~y. 



1862-'63.] SENATE JOURNAL. 03 

So the bill passed. 

A message was received from the House of Commons, that 
they refuse to adopt the report of the Committee of Confer- 
ence upon the disagreeing votes of the two Houses upon th& 
Revenue bill, and "propose that a new Committee of Con- 
ference be raised to consist of five on the part of each branch 
of the General Assembly, to whom shall be referred the sub- 
ject with instructions to report a system by which each slave 
may be taxed according to his value, to be assessed as in the 
case of lands." 

The Senate refused to agree to the proposition ; but, on 
motion of Mr. Graham, a message was sent to the House, that 
the Senate proposes to raise a new Committee of Conference 
without instructions. 

The bill entitled, " A bill to amend the Revised Code in 
relation to habeas corpus^'* was made the special order for 
Monday," 11 o'clock, on motion of Mr. Graham. 

Another message was received from the House, that they 
have adopted a resolution that the two houses of the General 
Assembly do adjourn, sine die^ on "Wednesday next, at 6 
o'clock, A. M., and ask the agreement of the Senate. 

Mr. Adams, of Guilford, moved to lay on the table. 

Mr. Hall then asked for the yeas and nays, and one-fifth 
agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, Car- 
roway, Dickerson, Drake, Eure, Jarratt, Neal, Patton, Ram- 
gay, Slaughter, Smith of Macon, "Warren and Wiggins — 16. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Dickson, Faison, Graham, 
Hall, Holeman, Lane, Leitch, Lindsay, Matthews, Murrill, 
Powell, Sanders Sharpe, Smith of Anson, Smith of Stanly, 
Taylor of Nash, Whitford, Wright and Young— 20. 

So the motion did not prevail. 

The question recurring on agreeing to the proposition ( t 
the House, the yeas and nays were asked and agreed to ; and^ 

Those who voted in the affirmative are, 



U SENATE JOURNAL. [Session 

Messrs. Dickson, Drake, Faison, (jraham, Hall, Holeman, 
Lane, Leitch, Lindsay, Matthews, Murrill, Powell, Sanders, 
Sharpe, Smith of Anson, Smith of Stanly, Whitford, Wright 
and Young — 19. 

Those who voted in the negative are, 

Messrs. Adams of Davidson, Adams of Guilford, Arondel), 
Bagley, Blount, Carroway, Dickerson, Eure, Jarratt, Jones, 
Keal, Patton, Ramsa}'', Slaughter, Smith of Macon, Taylor of 
Chatham, Warren and Wiggins — 18. 

So the proposition was agreed to. 

Leave of absence was granted to Mr. Hall, on motion of 
Mr. Wiggins. 

A message was received from the Ilonse of Commons, that 
they agree to the appointment of Justices of the Peace for 
the counties of Beaufort, Cumberland, Stokes, Richmond and 
Rockingham, recommended by the Senate, and. they recom- 
mend as Justices of the Peace for the county of Beaufort, Jas. 
L. Fowle and Thomas B. Bowen, and for Harnett county, 
Joseph Rosser and C. B. Horton ; to which the Senate agreed. 

The Senate adjourned, on motion of Mr. Slaughter, until 
Monday morning, 10 o'clock. 



MONDAY, Febkuakt 9, 1863. 

Senate met — Mr. Graham in the Cljair. 

Messages were received from the Honse of Commons, that 
they transmit accompanying engrossed bills and rjesolutionft, 
entitled, &c., to wit : 
. Resolution in favor of John O. Wallace, 

Resolution concerning mileage ; 

A bill in relation to public roads ; 

Resolution to enclose the soldiers' bnriai ground ; 

A bill in reference to taxes and the liabilities of Sheriffs ; 

A bill to authorize the promotion of officers, non-commi&- 
Bioned officers, and privates, for gallant and meritorious con- 
duct ; 



1862-'<33.] SENATE JOURNAL. 95 

A bill to be entitled an act to legalize certain disburse- 
ments trom tlie Treasury ; and 

A bill to punish aiders and abettors of deserters ; which 
were read first time ; 

Also a bill to amend an act entitled " Militia ; " which was 
read three several times, the rules having been suspended, on 
motion of Mr. Eure, and passed; 

Resolution concerning the printing of the Journals of the 
House of Commons of the session 1862-'63 ; which was read 
first time, and the rules having been suspended, was read 
second time,when Mr. Murrill moved to postpone indefinitely : 
which was not agreed to, and said resolution was laid on the 
table, on motion of Mr. Arendell ; 

A bill to authorize certain alterations in the Treasury office ; 
which was read three several' times, the rules having been 
suspended, on motion of Mr. Smith, of Macon, and passed. 

A message was received from the House of Commons, that 
they agree to the proposition of the Senate to raise another 
committee of conference on the Revenue bill, and appoint on 
their part Messrs. Fowle, Foust, Shepherd, Albritton, and 
Robbins, said committee. 

The Chair appointed on the part of the Senate, Messrs. 
Wiggins, Smith, of Macon, Young, Patton and Warren. 

Said committee, on motion of Mr. Warren, had leave to 
sit during the session of the Senate. 

Another message was received from the House, that thej' 
had passed the bill entitled " A bill to amend the 102d chap- 
ter of the Revised Code," with amendments. 

The Senate refused to agree to said amendments and the 
House were informed thereof. 

A message wna received from the House, that they insist 
'Upon the amendments made to the foregoing bill, and ask a 
■^conference, and should the Senate agree, they appoint Messrs. 
'Shober, Shepherd and Allison said committee on their part. 

The Senate agreed thereto, and the Chair appointed Messrs. 
iLassiter, Arendell and Faison, said committee, on the part of 
ihe Senate. 



96 SENATE JOUKKAL. [Session 

The special order was postponed until 12^ o'clock, on mo- 
tion of Mr. Wiggins. 

Another message from the House was received, that they 
transmit a message from His Excellency the Governor, and 
accompanying communications from the President of the At- 
lantic and ISTortli-Carolina Railroad Company, in relation to 
the seizure of a portion of the iron of said Company's road, 
for the use of the Piedmont Railroad," and propose to raise a 
Joint Select Committee, to whom the same should be referred; 
also a communication from the Public Treasurer, and propose 
that the same be referred to the Committee on Finance. 

The message was agreed to. The communication from the 
Public Treasurer was referred to the Committee on Finance, 
and the Chair announced Messrs. Patrick and Whitford as 
the Senate branch of the joint select committee aforesaid. 

A message was sent to the House of Commons that the 
Senate recommends to be commissioned as Justices of the 
Peace for Craven county, Samuel Whitehurst, George Yen- 
tus, Thomas Gaskine and Allen Williams, recommended by 
Mr. Whitford ; for Warren county, Thomas W. Roselet, 
recommended by Mr. Drake. 

A message was received from the House that they trans- 
mit engrossed bills entitled to wit : 

A bill to incorporate the Branch Monumental Association, 
and a bill to charter the Shelby and Broad River Railroad 
Company, which were read first time and subseqently taken 
up and read a second and third times, (the rules having been 
suspended as to the former, on motion of Mr. Arendell, and 
as to the latter, on motion of Mr. Dickerson,) and passed. 

Mr. Patrick moved to postpone the further consideration 
of the latter bill until to-morrow 12 o'clock, but the motion 
was not agreed to. 

Engrossed resolutions entitled "Resolution in favor of 
Joseph Marshall, Sheriff of Stanly county," and " A resolution 
in favor of the Wilmington and Weldon Railroad Company," 
were transmitted to the House of Commons. 

Mr. Graham introduced a resolution authorizing the Chief 



^862-^63.] SENATE JOURNAL. 07 

Clerks of t!ae Senate and House of CommoTis to employ such 
additional -en^-ossing clei-ks as may be necessary to expedite 
business daring the present session, which was adopted, 
•engrossed and sent to tlie Hotase of 'Commons. / 

A message was rec-eived from the House of Commons that 
they propose to the Senate to raise a joint select committee 
to investigate the condition of the office of the Secretary of 
State and report whether any additional clerical force is 
needed therein, and the committee are requested to invite the 
late incumbent of said office to be present when they make 
such investigation, said committee to consist of three on the 
part of the House and two on the part of the Senate. 

The message was a,greed to and the Chair appointed as the 
committee on the part of ike Senate^ Messrs. Smith of Macon, 
and Murrill. 

Mr. Enre moved to take up the bill entitled " A bill to 
punish aiders and abettora of deserters from the army ;.'' but 
the motion was not agreed to. 

Mr. Smith of Stanly introduced a resolution entitled^ " Res- 
olution in favor of Joseph Marshall, sheriff of Stanly county," 
which, under a suspension of the rules, was read three several 
times and passed. 

A message was received from the House that they agree 
to the recommendation made by the Senate of Justices of the 
Peace, and they appoint Messrs. Best, Woodall and Hawes, 
committee on their part upon the message of His Excellency 
the Governor and accompanying communications in relation 
to the seizure of iron belonging to the Atlantic and North-Car- 
olina Railroad Company. 

The bill entitled " A bill to repeal the 20th section of the 
31st chapter of the Revised Code," was read a second time 
and, on motion of Mr. Eure, laid on the table. 

The engrossed resolutions entitled " Resolutions in relation 
to the liberty of the people," were read a second time, and 
on motion of Mi*. Graham, laid on the table. 

On motion of Mr. Faison, the resolution entitled " Resolu, 
7 



98 SENATE JOURNAL. [Session 

tion in favor of B. J. Dunlap," was taken up, read second 
and third times and passed. 

The bill entitled "A bill to amend the 1st section of the 4tb 
chapter of the Revised Code," was taken up on motion of 
Mr. Graham, and the same was read second, and third times 
and passed. 

The bill entitled "A bill to exempt old men from militia 
duty," was read a second time. 

Mr. Murrill moved to lay on the table, and it was not 
agreed to. 

On motion of Mr. Graham, the preamble was stricken out, 
and the bill passed and was read a third time, and the title of 
said bill was amended to stand " A bill to amend the militia 
iaw." 

Mr. Carroway moved to lay on the table. Not agreed to. 

On the passage of the bill, its third reading, Mr. Carroway 
.asked for the yeas and nays, and one-fifth agreeing : 

Those who voted in the afiirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick- 
eon, Dickerson, Drake, Faison, Graham, Jarratt, Jones, Las- 
eiter, Neal, Patrick, Sharpe, Slaughter, Smith of Macon, Smith 
of Stanly, Taylor of Nash, Warren and "Wright — 21. 

Those who voted in the negative are, 

Messrs. Carroway, Eure, Hole man, Powell and Whitford— 5. 

So the bill passed. 

The order of the day being the bill entitled "A bill to 
amend the Revised Code in relation to habeas corj>us,''^wa.s 
jead a third time. 

Mr. Warren moved to amend by adding sections as follows, 
to wit : 

Sec. 4:. £e it further enacted^ That if any person in the mili- 
tary service of this State or the Confederate States, shall have 
in custody any person not in such service, and to whom a writ 
^i haheas coriyus ^2S\. be directed in behalf of such person, 
shall neglect or refuse to make returns as is provided by the 
55th Chapter of the Revised Code, or to bring the body of the 
|)risoner according to the command of the writ without delay 



1862-'63.] SENATE JOURNAL, 99 

or shall not, within six hours after demanded, deliver a true 
copy of the cause of caption and detention, he shall be deem- 
ed guilty of a misdemeanor, and shall, upon conviction, be 
fined not less than one thousand dollars, and shall be liable in 
damages not to be less than five hundred dollars, to the par- 
ty aggrieved. 

Sec. 5. Be it further enacted. That upon such neglect or 
refusal being made known by the affidavit of the sheriff or 
other officer, to whom such writ is delivered, to the judge be- 
fore whom the said writ is returnable, the judge shall issue 
his warrant against the party so neglecting or refusing, to be 
directed to the sheriff of the county where such party may be, 
^nd commanding him to an-est such party, and bring him be- 
fore the said judge ; and the said judge shall, unless good 
•cause be shown, bind him over for his appearance at the next 
term of the Superior Court of the county where the writ is 
returnable, to answer the charge of the State against him, 
under the foregoing section. 

Sec. 6. Be it further enacted, That the cost of the proceed- 
ings upon such habeas corpics shall, in case of the discharge of 
the prisoner, be paid by the party to whom such writ is di- 
rected, or by the State, as the judge may order. 

Sec. 7. Be it further enacted, That the Governor be, and 
he is hereby authorized to employ counsel to investigate the 
cases of such persons as are, or shall hereafter be, in custody 
as aforesaid, and to institute such proceedings in their behalf, 
as he shall think proper. 

Seo. 8. Be it further enacted^ That tliis act shall be in force 
from and after its ratification. 

Mr. Graham introduced a bill entitled, " A bill to authorize 
a special term of Randolph County Court, to do other county 
business in addition to laying county taxes," which was read 
first time. 

Mr. Warren introduced a bill entitled, "A bill concernins: 
the sale of property seized b}'- attachment," which was read 
first time. 

A message was received from the House of Commons, that 



100 ISE]?TATE JOUENAL. [Session 

they have adopted the report of the Committee of Conference 
on the Revenue Bill, and transmit tlie same for the action of, 
the Senate. 

The Senate concurred in the report, which is as follows, to 
wit; 

" The Committee of Conference, to whom has been referred 
the disagreement between the Senate and House of Commons^ 
respecting the Revenue Bill, have agreed upon this amend- 
ment, and have directed me to report the same, and ask the 
concurrence of the General Assembly therein. 

" All slaves in this State, to be taxed according to value,, 
which value is to be ascertained by the same persons who as- 
sess the value of lands." 

J. G. SHEPHERD, 

for the Committee. 

A message from the House was received, that they agree 
to the amendments made by the Senate, to the bill entitled, 
^' A bill to exempt old men from Militia duty ; also a mes- 
sage, that they agree to the recommendation of Justices of 
the Peace for the county of Halifax ; and they recommend 
the following persons to be appointed Justices of the Peace 
for their respective counties, viz : W. H. H. Tucker, of Wake; 
Biley P. Stamper, J. H. Doughten, and Robert Gambill, sen., 
of Alleghany, to which the Senate agreed, and also, a mes- 
sage, that they agree to the amendments made by the Senate^ 
to the bill entitled, " A bill for the relief of the wives and fa- 
railes of soldiers in the army," and said bill is ordered to be 
enrolled. 

Mr. Eure moved to lay on the table the order of the dav; 
and amendmentj'and Mr. Sharpe moved to adjourn until 7 
o'clock P.M. 

Mr. Slaughter moved to adjourn until 10 o'clock to-morrow 
morning. 

The Senate adjourned until 7 o'clock, P. M. 



i^ 



lB62-'63.] SENATE JOURNAL. lOl 

Evening SES8ioTi(,-^-Seven o'clock, P. M. 

The consideration of the special order was resumed, and 
the question being on the motion of Mr. Enre, to lay on the 
table, the yeas and nays were asked for, by Mr. Eure, and 
o^e-lifth agreeing: 

Tiiose who voted in the affirmat ive are, 

Messrs. Dickson, Drake, Holeman, Murrill, Powell, Whit- 
ford, White and Young — 8. 

Those who voted in the negative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick- 
erson, Faison, Graham, Jarratt, Jones, Lassiter, Patton, 
Patrick, Sharpe, Slaughter, Smith of Stanly, Warren, Wiggins 
and Wright— 18. 

So the motion did not prevail. 

The question now being on the amendment proposed by 
Mr. Warren, he asked thereon the yeas and nays, and one- 
fifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, Jar- 
ratt, Jones, Lassiter, Patrick, Sharpe, Slaughter, Warren and 
Wright— 12. 

Those who voted in the negative are, 

Messrs. Carroway, Dickson, Dickerson, Drake, Eaison, 
Graham, Holeman, Murrill, Patton, Powell, Smith of Stanly, 
White, Wiggins and Young — 14. 

So the amendment was rejected. 

The question recurring on the passage of the bill on its 
third reading, it passed, and was sent to the House of Com- 
mons, the joint rule, no. 5, having been suspended, on motion 
of Mr, Graham, and the House agreeing thereto. 

The Senate agreed to a message received from the House 
of Commons, that they recommend A. P. Strowd and Abner 
Holton, of Orange County, to be commissioned as Justices of 
the Peace. 

A message was received from the House, that they trans- 
mit the report of the committee of conference on the disagree- 



102 SENATE JOURNAL. [Session 

iDg votes upon the bill entitled " A bill to amend the 102d 
chapter of the Revised Code, entitled ' Salaries and Fees. "" 

The Senate concurred in the report, which is as follows, 
to wit: 

The conference committee to whom was referred a bill 'tO' 
amend the Revised Code, chapter 102, entitled " Salariea 
and Fees," report that they have agreed upon the amendments- 
proposed by the House of Commons, and recommend the 
passage of the bill as amended. 

F. E. SHOBER, 
Chairman of Com. of Con. 

On motion of Mr. Graham, the bill to authorize a special 
term of Randolph county court to do other county busi- 
ness in addition to laying county taxes, was taken up, and 
read a second and third times and passed. 

Messages were received from the House of Commons, that 
tliey transmit certain engrossed bills and resolutions, andbilla 
and resolutions not engrossed, for the action of the Senate, 
entitled, to wit : 

A bill to ensure the protection of the people of North-Car- 
olina against small pox ; which was read first time, and Mr. 
Sharpe moved to refer to the Committee on Propositions and 
Grievances, but the motion was not agreed to ; 

A bill to provide for the establishment of iron works, to 
manufacture Railroad and all other iron ; which was read 
first time and referred, on motion of Mr. Warren, to the 
Committee on Corporations ; 

Mr. "White moved to reconsider the vote by which the 
foregoing bill was referred. Not agreed to. 

Resolution to furnish clerks of the county and superior 
courts and clerk and master in equity in Transylvania county, 
with copies of the acts of the General Assembly and Revised 
Code ; which was read three sevcial times and passed, the 
rules having been suspended on motion of Mr. Patton ; 

A bill concerning the statute of limitations ; which was 



1862-'63.] SENATE JOURNAL. 10& 

read three several times and passed, the rules having been 
suspended on motion of Mr. Warren ; 

Kesolution in favor of E. M. Welborn ; which was read 
three several times and passed, the rules having been sus- 
pended on motion of Mr. Sharpe ; 

Mr, Smith, of Macon, from the committee to whom was 
referred resolution directing inquiry into shipments upon 
Railroads, reported resolutions on the subject which were read 
and passed over informally. 

A bill for the relief of the families of deceased soldiers, and 
to provide for a roll of honor ; which was read first time ; 

A bill to incorporate the Yadkin Yalley and Western Rail- 
road Company; which was read first time, when the rules 
were suspended, on motion of Mr. Murrill, and the same was 
read a second time and amended, on motion of Mr. Jarratt, 
by inserting the names of Q. F. Neal and James M. Gentry, 
of Alleghany, and J. M. Cloud, H. C. Hampton, R, Gwyn, 
Sen'r., D. J. Hollingsworth and R. Martin, of Surry, in sec- 
tion 2, and passed and was read a third time and passed ; 

A bill to suspend the 3d, 4th and 5th sections of the 17th 
chapter of the Revised Code ; which was read three several 
times and passed, the rules having been suspended on motion 
of Mr. Warren. 

On motion of Mr. Warren, the bill entitled " A bill con- 
cerning the sale of property seized by attachment," was takea 
up and read a second time, and amended by striking out the 
words ''ten days public notice being given," and inserting 
words "such sale being advertised as is now prescribed by 
law in the case of the sale of perishable property when at- 
tached." 

The bill as amended passsed and was read a third time and 
passsed. 

The following entitled bills and resolutions transmitted from 
the House ot Commons, were read first time, to wit : 

A bill in reference to taxes and liabilities of Sheriffs ; 

A bill to extend the charter of the Pittsboro' and Haywood 
Piank Road Company ; 



104 SENATE JOURKAL. [Session 

A bill concerning Common Schools ; 

A bill to amend the 5th section of the 5th chapter of the 
Kevised Code, entitled "Apprentices;'' 

A bill to incorporate the Rhymer Gold & Copper JMining 
Company, in the county of Rowan $ 

A bill in favor of A. A. Wiseman, Sheriff of Mitchell 
county ; 

A bill to extend the time of perfecting title to land hereto- 
fore entered ; 

A bill to amend 2d section, 64th chapter Revised Code ; 

A bill to authorize H, Hunter, late Sheriff of Madison 
coiinty, to collect arrears of taxes due said Sheriff, for the 
years 1858-'59 ; 

Resolution in favor of J. G-. Carroway ; 

Resolution in favor of the sureties of William Green, late 
Sheriff of Haywood county ; and 

Resolution in favor of Wm. J. Murray, Sheriff of Alamance 
County ; 

Mr. Eure from the Committee on Military Affairs, reported 
•npon the bill entitled " A bill to amend the 23d section of an 
act passed at the second extra session of the General Assem- 
bly, 1860-'61, entitled ' Militia Bill,' " recommending that it 
do pass. On his motion the rules were suspended, and the 
said bill was read second and third times and passed. 

The Senate adjourned, on motion of Mr. Jones, until 10 
o'clock to-morrow morning. 



TUESDAY, February 10, 1863. 

Prayer by Rev. Mr. Hardie. 

The chair announced Messrs. Smith of Anson, White and 
Arendellj as the Senate branch of the Committee ou Enrolled 
bills. / 

Mr. Arendell, from the Committee on Corporations, report- 
ed upon the bill entitled, " A bill to provide for the estab- 



1862-'63.] SENATE JOURNAL. 105 

lishment of Iron works, to manufacture railroad and all other 
iron," and recommended that it do pass. 

Mr. Eure from the Committee on Military Affairs, reported 
upon the bill entitled, " A bill to prevent general starvation, 
and to guard agafnst an unfair execution of the conscript law," 
recommending that it do not pass. 

The Chair announced Mr. Jones as a member of the Com- 
mittee on Finance. 

On motion of Mr. Young, the Senate proceeded to the con- 
sideration of bills and resolutions, appropriating money, and the 
following entitled bills and resolutions, under a suspension of 
the rules, passed their several readings and are ordered to be 
enrolled, to wit : 

A resolution in favor of John Roseman ; 

Resolution in favor of W. W. Happer ; 

Resolution in favor of the sureties of Wm. Green, late Sher- 
iff of Haywood County ; 

Resolution in favor of J. G. Carroway , 

Resolution in favor of J. B. Davis ; 

Resolution in favor of W. W. Greej ; 

Resolution in favor of A. B. Downs ; 

Resolution in favor of R. Y. Blackstock; 

Resolution in favor of R. Y. Blackstock ; 

Bill for the relief of J. W. Cromartie ; 

A bill in favor of the suristies of John S. Willis, late sheriff 
of Bladen county ; 

A bill to authorize the securities of W. W. Profit, to collect 
arrears of taxes ; 

Resolution in favor of Wm, Thompson ; 

Resolution in favor of W. J. Murray, sheriff of Alamance 
County ; 

A resolution in favor of A. A. Wiseman, sheriff of Mitch- 
ell County ; 

Resolution in favor of John O. Wallace ; and 

A bill to change the time of holding the Courts of Probate 
and public sales' days, in the County of Rutherford. 

Mr. Wright introduced a bill entitled, " A bill to amend 



106 SENATE JOURNAL. [Session 

an act to prohibit the distillation of spirituous liquors," which 
was read first time. Said bill was subsequently taken up, 
and the rules having been suspended, on motion of Mr. 
Wright, was read a second and third times, and passed. 

The resolutions entitled, "Resolution in favor of L W. 
Kornegay," and " Resolution in favor of Thomas Waters," 
were read second time each, and laid on the table, on motion 
of Mr. Murrill. 

Mr. Sharpo introduced a bill entitled, " A bill digfranchis- 
ing deserters, which was read first time. 

A message was sent to the House of Commons, that the 
Senate recommended to be commissioned as Justices of the 
Peace : II. F. Granger, for Green County ; H. C. Bennett, 
for Burke county, and W. A. Jenkins, for Warren county, to 
which the House agreed. 

The Senate agreed to a message from the House, that they 
recommend R. R. Taylor, as a Justice of the Peace for 
Bertie County. 

On motion of Mr. Young, a message was sent to the House 
of Commons, that the Senate proposes to go into an election 
for two Trustees of the University, and a message was receiv- 
ed from the House, that they agree thereto, and appoint 
Messrs. Cobb and Lyle, as the Committee on their part to su- 
perintend the election ; and that Z. B. Yance, and P. Richard- 
son, are in nomination. 

The Chair announced Messrs. Arendell and Powell, as the 
Senate branch of said Committee. 

The resolution to appoint a committee to investigate the ship- 
ments upon railroads of this State, were taken up and amended 
on motion of Mr.Smith,by filling the blank with "'five dollars," 
Mr. Murrill having proposed to fill with " three dollars," which 
was not agreed to; also, by striking out of resolution, 
first, words, so as to read the " Governor shall appoint three 
Commissioners to investigate." &c. And, said resolutions as 
amended, were adopted, and sent to the House of Commons. 

Also, the following bills were sent to the House, to wit : 



1862-'63.] SENATE JOUENAL. 107 

A bill concerning the sale of property seized by attacli- 
ment ; 

A bill to amend tlie 23d section of an act, passed at the 
second extra session of the General Assembly 1860 and '61, 
entitled "MilHtia Bill ;" 

A bill to incorporate the Yadkin Yalley & Western Rail- 
road Company, with amendments made by the Senate there- 
to ; and 

A bill amending an act to incorporate the town of Ashe- 
ville. 

Mr. "Warren, from the Committee on the Judiciary, report- 
ed upon the bill entitled "A bill to be entitled 'An act for the 
relief of sheriffs,' " and asked to be discharged from its further 
consideration ; and the committee were so discharged. 

A message was received from the House of Commons, that 
they propose to rescind the joint resolution in relation to ad- 
journment, and that the General Assembly do adjourn sine 
die on Thursday next, at 6 o'clock, A. M. 

Mr, Sharpe moved that the Senate do not concur ; but pro- 
pose to adjourn on Thursday morning, 4 o'clock, A. M. 

Upon the question of concurring the yeas and nays were 
asked, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Arendell, Bagley, Blount, Carroway, Faison, Las- 
siter, Neal, Patton, Patrick, Slaughter, Smith of Macon, Ta}'- 
lor of Nash, Warren and Wright — 14. 

Those who voted in the negative are. 

Messrs. Adams of Guilford, Dickson, Dickerson, Drake, 
Euro, Graham, Iloleman, Jarratt, Murrill, Powell, Sharpe, 
Smith of Anson, Smith of Stanly, Whitford, White, Wig- 
gins and Young — IT. 

So the motion was not agreed to. 

Mr. Patton moved that a message be sent to the House of 
Commons, that the Senate proposes to adjourn on Thursday, 
at 4 o'clock P. M. 

The Yeas and nays were asked for on this motion, and one- 
fifth agreeeing : 



108 SENATE JOURNAL. [Session 

Those who voted in the affirmative are, 

Messrs. Arendell, Baglej, Blount, Carroway, Eure, Faison, 
Jarratt, Lassiter, Neal, Patton, Sliarpe, Slaughter, Smith of 
Macon, Taylor of Nash, Warren, Wiggins and Wright — 17. 

Those who voted in the negative are, 

Messrs. Adams of Guilford, Dickson, Dickerson, Drake, 
Graham, Holeman, Murrill, Patrick, Powell, Smith of Stanly, 
Whitford, White and Young— 13. 

So the motion was agreed to. 

A message was received from the House, that they agree 
to the proposition to adjourn on Thursday at 4 o'clock, P. M. 

Mr. Arendell, from the Committee to superintend the elec- 
tion of two Trustees of the University reported, that no one 
received a majority of the whole number of votes cast, and 
there is no election. 

Mr. En re, from the Committee on Military Affairs, re- 
ported back the resolution of instruction in relation to the 
pay of militia officers, who are acting as enrolling officers 
for the Confederate States, for the purpose of taking up con- 
scripts and deserters, and asked to be discharged from the 
further consideration of the subject. And the Committee 
were so discharged. 

Mr. Eure, also from the same Committee to whom was re- 
ferred the resolution of inquiry as to arms furnished by the 
State to the State of Virginia before the war, &c., reported a 
resolution entitled, "Resolution instructing the Adjutant 
General of this State to correspond with the Adjutant Gener- 
al, or Governor of the State of Yirginia, relative to arms fur- 
nished that State," which was adopted. 

A message was received from the House, that they trans- 
mit resolutions entitled, to wit : 

Resolution in favor of the Principal and Assistant Clerks 
of the Senate and' House, and resolutions in favor of the Door- 
keepers, which were read three several times, under suspen- 
sion of the rules, and passed. 

The bill entitled, a bill in relation to public roads, was read 
a second time, when 



1862-'63.] SENxiTE JOURNAL. 109 

Mr. Sharpe moved to lay on the table, and asked the yeas 
and nays thereon, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Baglej, Carroway, Dickson, 
Dickerson, Drake, Holeman, Lassiter, Xeal, Patton, Powell, 
Sharpe, Slaughter, Smith of Anson, Smith of Macon, Smith 
of Stanly, Taylor of Nash, Whitford, White and Wiggins— 20. 

Those who voted in the negative are, 

Messrs. Arendell, Eure, Jarratt, Murrill, Patrick, Warren, 
Wright and Young — 8. 

So the bill was laid on the table. 

Messages from the House of Commons, that they transmit 
certain resolutions was received, to wit : 

Resolution in favor of John Spelman, which was read three 
several times and passed ; 

A resolution in favor of Capt. W. B, Clement's Cavalry 
Company, which was read and laid on the table, on motion 
of Mr. Murrill. 

The bill entitled "A bill amending an act to incorporate the 
town of Asheville," was read a third time and passed, and sent 
to House of Commons, 

The following entitled bills and resolutions were read a se- 
cond and third times and passed, and ordered to be enrolled, 
to wit : 

A bill to extend the charter of the Pittsborough and Hay- 
wood Plankroad Company ; ^ 

A bill to extend time of perfecting titles to land heretofore 
entered. 

Eesolations to enclose the soldiers' burial ground, and a 
bill in reference to taxes and liabilities of sheriffs. 

The Senate agreed to the recommendation of P. H. Win- 
ston and others, which had been laid on the table, as Justices 
of the Peace for Bertie county. 

The bill entitled, " A bill to punish aiders and abettors of 
deserters," was read a second time, and on the question of 
its passage, the yeas and nays were asked by Mr. Drake, and 
one-lifth agreeing thereto : 



110 SENATE JOURNAL. [Session 

Those who voted in the affirmative are, 

Messrs. Carrowaj, Dickson, Drake, Eure, Eaison, Iloleman, 
Murrill, Powell, Sharpe, Smith of Anson, Whitford and 
Young— 12. 

Those who voted in the negative are, 

Messrs. Adams of Guilford, Arendell, Baglej, Blount, 
Dickerson, Graliam, Jarratt, Lassiter, Neal, Patton, Pa- 
trick, Slaughter, Smith of Macon, Warren, Wiggins and 
Wright— 16. 

So the bill was rejected. And the Senate adjourned until 
7i o'clock, P. M. 



Evening Session — Seven-and-a-half o'clock^ P. M. 

A message was received from the House of Commons, that 
they had adopted the resolutions to raise a Committee to in- 
vestigate the matter of shipments upon railroads of this 
State with amendments, (being the same as made by the 
Senate.) The Senate agreed to the message, and said reso- 
lutions are ordered to be enrolled. 

Also, a message that they had passed the bill entitled, " A 
bill concerning the Courts of Pleas and Quarter Sessions of 
Franklin County," with an anaendment to include the County 
of Caldwell within the provisions of said bill^ The Sen.ate 
agreed to the amendment. 

Also, a message that they agree to the amendment made 
l3y the Senate to the bill entitled, " A bill to incorporate the 
Yadkin Yalley and Western Rail Road Company," and said 
bill is ordered to be enrolled. 

Mr. Smith of JVEacon, introduced a bill entitled, " A bill to 
amend an act entitled, ' An act to amend an act entitled 
Militia Bill,' " which was read three several times and passed. 

Mr. Warren introduced a resolution authorizing and direct- 
ing the Secretary of State to have published certain Ordi- 
iiauces,of the late Convention of the State, which was adopted. 

The bill entitled, ^' A bill to insure the protection of the 



1865-'63.] SENATE JOUENAL. Ill 

people of North-Carolina against small pox," was read a 
second time. 

Mr. Sharpe moved to lay on the table, and asked thereon 
the yeas and nays, and one-fifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Carroway, Dickerson, Jarratt, Sliarpe and 
Young — 5. 

Tliose who voted in the negative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, Dick- 
son, Eure, Faison, Graham, Holeman, Jones, Murrill, Patton, 
Patrick, Sanders, Slaughter, Smith of Anson, Smith of Macon, 
Taylor of Nash, Warren, Wiggins and Wright — 21. 

Bo the motion did not prevail. 

Baid bill was amended, on motion of Mr. Graham, as fol- 
lows : strike out in section 6, words " penal offence " and 
insert word "misdemeanor,;" strike out all of said section 
after the word " months " in line 6 ; strike out words " for 
six months," and insert " at the discretion of the Court : " 
on motion of Mr. Sharpe, by inserting the word " resident " 
before the word "physician" in line 2d., section 2; also, on 
motion of Mr. Graham, by striking out section 4th, and on 
motion of Mr. Warren, by inserting before the word " im- 
prisoned," in line 6, section 6, the words "fined or." 

Mr. Young moved to amend by striking out section 7th, 
and inserting as follows, to wit : 

Be it further enacted, That the Surgeon-General be au- 
thorized to draw upon the Treasurer, out of the funds already 
placed at his command, for the relief of our sick and wounded 
soldiers, for such sums of money as may be required to erect 
hospitals and defray other expenses necessary to cari*y into 
.effect the provisions of this act. 

Mr. Sharpe moved to adjourn. Not agreed to. 

The question being on the amendment proposed by Mr. 
Young, Mr. Warren asked for the yeas and nays, and one- 
fifth agreeing : 

Those who voted in the affirmative are. 



Il2 SENATE JOURNAL. [Session 

Messrs. Carroway, Dickerson, Graham, Jarratt, Lassiter, 
Mnrrill, Sanders, Sharpe, Smith, of AtisoD and Young — 10. 
■ Those who Toted in the negative are, 

- Messrs. Adams, "of Gnilford, Arendell, Baglej, Blount, 
Dickson, Eure, Faison, Jones, Fatten, Patrick, Slaughter, 
Smith of Macon, Taylor of Nash, Warren, Wiggins and 
Wright 16. 

So the amendment was not adopted. 

Mr. Sharpe moved to amend, by adding to section second 
these words, "and it shall be his duty to distribute the same 
among the several counties of the State for use therein," and , 
b}^ striking out the remaining sections of the bill. 

Mr. Graham called for a division of the question, and upon 
the part to add the foregoing words to section second, asked 
for the yeas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Carroway, Dickerson, Graham, Jarratt, Jones, Mur- 
rill. Fatten, Sanders, Sharpe, Smith of Anson and Young — 11. 
• Those who voted in the negative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, 
Dickson, Eure, Faison, Lassiter, Fatrick, Slaughter, Smith of 
Macon, Taylor of Nash, Warren, Wiggins and Wright — 15. 

So the Senate refused so to amend, and also to strike out 
the remaining sections of the bill. 

The question being on the passage of the bill its second 
'reading, Mr, Warren asked for the yeas and nays, and one- 
fifth agreeing : 

Those who voted in the aflirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Blount, 
Dickson, Eure, Faison, Graham, Jones, Lassiter, Fatton, 
Patrick, Sanders, Slaughter, Smith of Anson, Smith of Ma- 
con, Taylor of Nash, Warren, Wiggins and Wright — 20. 

Those who voted in the negative are, 

Messrs. Carroway, Dickerson, Jarratt, Murrill, Sharpe and 
Young — 6. 

So the bill passed, and was read a third time, when Mr. 
Mnrrill moved to amend by adding to Bcction 2d a proviso, 



1862-'63.] SENATE JOURNAL. 113 

• 

to wit : Provided^ he be not engaged more than twenty days 
in said work, which was not agreed to. 

The bill passed aa amended. And, on motion of Mr. 
Sharpe, the Senate adjourned until to-morrow morning 16 
o'clock. 



WEDNESDAY, Februaby 11, 1863. 

The following engrossed bills and resolutions were taken up 
and passed their several readings and are ordered to be en- 
rolled, entitled, to wit : 

A bill to incorporate the Randolph Manufacturing Com- 
pany ; 

A bill to incorporate the town of Marshall, in Madison 
county, under the law for the better regulation of towns; 

And a bill to change the time of holding the courts of prch 
bate and public sales' days in the county of Rutherford. 

The Speaker announced Mr. Eure upon the committee ob 
enrolled bills. 

Mr. Young introduced a resolution, that a message be sent 
to the House of Commons, proposing to rescind the joint res- 
olution to adjourn sine die on to-morrow afternoon, at 4 
o'clock, and that the two Houses do adjourn at 3 o'cloci, 
P. M. to-day, which was adopted. 

A message was received from the House, that they do not 
agree to the foregoing proposition. 

The bills entitled "A bill to authorize H. Hunter, late 
Sheriff of Madison County, to collect arrears of taxes due him 
for the years 1858-'59 ; " and 

" A bill to incorporate the Rhymer Gold & Copper Mining 
Company, in the county of Rowan," were read a second and 
third times and passed, and ordered to be enrolled. 

A message was received from the House, that they have 
passed the bill entitled " A bill for the relief persons who 
have overpaid, or may hereafter overpay, taxes," with an 
amendment, striking out the third section thereof. 
8 



114 SENATE JOURISTAL. [Session 

• 

The Senate agreed to the amendment, and the bill is ordered 
to be enrolled. 

Mr. Jarratt introduced a bill entitled " A bill to amend an 
act concerning the county site of Mitchell ; which was read 
first time, when the rules having been suspended, it was read 
a second time. 

Mr. Patton moved to lay on the table, and it was not 
agreed to. 

On the question of the passage of the bill, Mr. l^eal asked 
for the yeas and nays, and one-fifth agreeing : 

TJiose who voted in the affirmative are, 

Messrs Adams of Guilford, Arendell, Bagley, Blount, 
Drake, Eure, Faison, Jarratt, Lassiter, Murrill, Outlaw, 
Patrick, Sharpe, Slaughter, Taylor of IsTash, Warren, Wig- 
gins and Wright — 18. 

Those who voted in the negative are, 

Messrs. Oarroway, Dickerson, Graham, Neal, Patton, San- 
ders, Smith of Anson, and Smith of Macon — 8. 

So the bill passed and was read a third time, and on the 
question of its passage, the yeas and nays were asked, and 
one-fifth agreeing : 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Arendell, Bagley, Drake, Eure, 
Faison, Jarratt, Jones, Lassiter, Murrill, Outlaw, Patrick, 
Sharpe, Slaughter, Taylor of ISTash, Warren and Wright — 17. 

Those voted in the negative are, 

Messrs. Blount, Carroway, Dickerson, Graham, Keal, Pat- 
ton, Sanders, Smith of Anson, Smith of Macon, and Wig- 
gins— 10. 

So the bill passed and vyas sent to the House of Commons. 

A message was received from the House, that they recom- 
mend as Justices of the Peace for their several counties, 
Jackson Beck, John A. Milsaps and Samuel W. Curiey, of 
Jackson; John Ellis, of Mitchell; E'. W. Harris, of Ran- 
dolph ; John M. Jenuings,|af Pasquotank;; Wilson Talbot, of 
Wilkes ; J. F. Leath, Anthony Williamson* Jos. Bolen and 
George T. Gcodron, of Caswell ; J. T. Pike, Franklin Phillip* 



1862-'63.] " SENATE JOURNAL. 



tl^ 



and C. B. Sanders, of Johnston ; Jas. H. Vincent, of Korth- 
■ampton ; John S. W. Pearce, "W. Kilpatrick, L. J. Mewbora, 
and John Joyner, of Lenoir ; B. B. Fulford, H. S. Gibbs, 
William Sadler, Thos. S. Barriss and W. S. Carter, of Hyde ; 
€. C. Harbin and Lewis Peck, of Madison ; and G. Culbreth 
and Alfred J. Daniel, of Sampson, to which the Senate 
agreed. 

Another from the Honse was received, that they transmit 
a resolution entitled, resolution concerning the seizure of iron 
belonging to the A. and IST. O. Railroad, and an accompany- 
ing report. The resolution was adopted. 

Mr. Bagley introduced this resolution, to wit : 

Besolved, That during the remainder of Vhe session no 
member shall speak more than twice upon, any question, nor 
more than five minutes at a time. 

Mr. Murrill moved to lay said vesolution on the table. 
Not agreed to. 

On motion of Mr. Wright, the bill entitled a bill to provide 
for the establishment of iron works to manufacture railroad 
and all other iron, was taken up and read a second time. 

Mr. Smith, of Macon, moved to amend by striking out sec- 
. tion 9th, and inserting in lieu thereof as follows, to ^\t : 

Be it further enacted., That the Sapona Iron Company, 
and those whom they may associate with them, shall upon 
compliance with the provisions of the foregoing act, be also 
entitled to all the rights, privileges and benefits granted 
therein, separate from the corporation aforesaid. 

A message from the House was received, that they agree 
to the Senate's amendments made to a bill to ensure the 
protection of the people of North-Carolina against small pox, 
and said bill is ordered to be enrollecl. 

The amendment proposed by Mr. Smith, of Macon, was 
agreed to. 

Mr. Sanders moved to postpone indefinitely the bill under 
consideration as amended, and asked on this question the 
veas and nays, and one-fifth agreeing : 

Those who voted in the affirmative are, 



116 SENATE JOURNAL. [Session 

Messrs. Adams of Guilford, Baglej, Blount, Dickerson, 
Drake, Graham, Jarratt, Jones, Lassiter, Neal, Outlaw, Pat- 
ton, Sanders, Sharpe, Slaughter, Warren and Wiggins — 17. 

Those who voted in the negative are, 

Messrs. Carroway, Eure, Faisou, Murrill, Patrick, Smith 
of Anson, Smith of Macon, Taylor of Nash, Wright and 
Yourig— 10. 

So the motion prevailed. 

A message was sent to the House, that the Senate recom- 
mend John L. Brown, of Mecklenburg, and Wm. P. Pelle- 
tier, of Onslow, to be commissioned as Justices of the Peace 
for their several counties ; and a message was received there- 
■npon that the House agrees to the same. 

'The following entitled bills and resolutions were transmit- 
ted from the House to the Senate, to wit : 

Resolution in reference to the Engrossing Clerks, whicli 
was read three several times and passed. 

Resolution in relation to the Medical Examining Boards, 
read and adopted. 

A bill to incorporate the Orphan Educational Board, read 
£r8t time. 

Resolution in favor of Rufus Galloway, read three several 
•times and passed. 

A bill to incorporate the Springfield Literary Society, read 
three several times and passed. 

Bills entitled, "A bill in reference to taxes and liabilities 
€f sheriffs" ; 

A bill to amend second section of 64:th chapter of Revised 
Code, and a bill concerning Common Schools, were read 
•second and third times and passed. 

The following entitled bills : 

A bill concerning Notaries Public ; 

A bill to prevent slaves from making or trading in spiritu- 
ous liquors ; and 

A bill in relation to the sale of spirituous liquors in the 
€OXinty of Bladen, transmitted from the House, were read first 
lime. 



1862~'63.] SENATE JOURNAL. lit 

The bill entitled, " A bill to amend an act passed at th6 
present session of the General Assembly, entitled Revenue,'* 
was read first and second times, and amended^ on motion of 
Mr. Patton, by inserting in section 2, line 13, after the word, 
" chairman," the words, '* to be held prior to first day of 
June^" and passed ; said bill was read a third time, and amend 
ed, on motion of Mr. Wiggins, as follows, to wit : add 

Sec. 3. Be it further enacted, That this act shall be print- 
ed, together with the Revenue Bill. The bill passed. 

The following bills and resolutions duly enrolled and sign- 
ed by the Speaker of the House of Commons, were transmit- 
ted to the Senate, and signed by the Speaker thereof, enti- 
tled, to wit : 

An act to incorporate the Branch Monumental Associa- 
tion ; 

An act concerning the Statute of Limitation ; 

An act to amend an act, entitled " Militia ;" 

An act to authorize certain alterations in the Treasury of- 
fice ; 

An act for the relief of the Wives and families of soldiers in 
the array ; 

An act to £iraend the first section of the fourth chapterof 
the Revised Code ; 

An act concerning insane persons ; 

An act authorizing the Governor to issue commissions to 
liold Courts of Over and Terminer, and for other purposes ; 

An act to charter the Shelby and Broad ' River RailrosUi 
Company ; 

Resolutio.Ti in favor of E. M, Welborne ; 

Resolution in favor of B. T. Dnnlap ; 

ResQ^'.aon to enclose the soldiers' burial ground ; 

A resolution in favor of L. L. Clements ; 

Resolution in favor of Joseph Marshall, sheriff of Stanlj 
County ; ' 

Resolution in favor of the sureties of Wm. Green, lato 
- SheriflT of Haywood county ; 

^*l resolution in favor of J. W. Cromartie ; 



118 SENATE JOUENAL. [Session 

A resolntion in favor of John O. Wallace ; 

: Besolntion in favor of A. B. Downs ; 

A resolution in favor of the principal and assistant clerks ; 

Eesolntion in favor of J. G. Carroway ; 

Resolution in favor of Win. Thompson; 

Eesolntion in favor of W. W. Greer; 

Resolution in favor of Wm. J. Murray, sheriff of Alamance 
Connty; 

Resolution in favor of the Doorkeepers; 

Resolution in favor of John Roseman ; 

A resolution authorizing the treasurer to pay certain claims 
.(herein specified,) allowed by the Board of Claims ; 

Resolution in relation to prisoners confined in the military 
prison at Salisbury ; 

Resolution granting further time to John Martin, Sheriff of 
Stokes, to collect arrearages of taxes ; 

Resolution in relation to impressment of teams, wagons, &e., 
ID Johnson County ; 

Resolution to furnish clerks of county and superior courts 
and clerk and master in equity in Transylvania county, with 
copies of the Revised Code, &c. ; 

Resolution in favor of James W. Feeman ; 

A resolution in favor of the Wilmington and Weldon Rail- 
road ; 

Resolution to employ additional Engrossing Clerks for the 
.present session ; 

• Resolution in favor of the executrix of the late Judge J. M. 
Pick ; 

A Resolution in favor of R. V. Blackstock; 

Resolution in favor of same ; 

A resolution concerning mileage ; • 

A resolution in favor of John Spelman ; 

A resolution in favor of J. B. Davis ; 

Resolution in favor of W. W. Happer ; 

An act in favor of A. A. Wiseman, Sheriff of Mitchell 
county ; . ; 



An act to amend the militia law; and 



^ 



l862-'63.] SENATE JOURlSrAL. 119 

An act to amend the Revised Code in relation to habeas 
<;orpus. 

Resolutions transmitted from the House of Commons, en- 
titled "Resolutions relating to impressment," were read and 
on the question of their adoption, the yeas and nays were 
asked for and one-fifth agreeing: 

Those who voted in the affirmative are, 

Messrs. Adams of Guilford, Bagley, Blount, Dickson, Fai- 
€on, Jarratt, Lassiter, I^Teal, Patton, Patrick, Sanders, Sharpe, 
Slaughter, Smith of Macon, Taylor of Nash, Warren and 
Wiggins — 17. 

Those who voted in the negative are, 

Messrs. Arendell, Carroway, Drake, Eure, Graham, Mur- 
rill. Outlaw, Smith of Anson, Wright and Young — 10. 

So the resolutions were adopted. 

Leave of absence was granted to the principal Door-Keeper 
from ai>d after to-morrow, on motion of Mr. Murrill; also to 
Mr. Smith of Anson, on motion of Mr. Sanders. 

Mr. Outlaw moved to adjourn until to-morrow, 10 o'clock, 
A. M. Not agreed to. 

The Senate adjourned nntil 7^ o'clock, P. M., on motion of 
Mr. Warren. 



WEDNESDAY EVENING — sevm,^and-a-kalf d^clock. 

A message was received from the House of Commons that 
they transmit a resolution entitled " A resolution in favor of 
James McKimm on and A. Creech," which was read first 
time, and upon suspension of the rules, a second and thiid 
time, and passed. 

The Speaker announced Mr. Faison upon the Committee 
on Enrolled bills. 

The following entitled bills and resolutions duly enrolled 
and signed by the Speaker of the House of Commons were 
transmitted to the Senate and signed by the Speaker thereof, 
to- wit : 



120 SENATE JOURNAL. [Session 

An act to incorporate Yestal's Ford Toll Bridge Company ; 
An act to authorize the sureties of W. W. Profit to collect 
arrears of taxes ; 

An act in lavor of the snreti'es of Jsohn S-. Willia, late Sher- 
iff of Bladen county ; 

An act to authorize a special term of Randolph County 
Court to do other county business in addition to laying 
county taxes ; 

An act to provide for the completion of the claim of North- 
Carolina against the Confederate government, and for other 
purposes; 

An act to authorize and require the Quartermaster of this- 
State to pay commutation money to- the aokiiers of Nortli- 
Oarolina, for boots and shoes; 

An act to amend the charter of the North-Carolina Powder 
Manufacturing Company ; 

An act to incorporate the North-Carolina Christian Ad- 
vocate Joint Stock Publishing Company ; 

An act to authorize the Auditor of Public Accounts to 
administer oaths; 

An act in relation to the bounty of soldiers; 

An act to amend the 102d chapter of the Revised Code, 
entitled salaries and fees ; 

An act to suspend the 3d, 4th and 5th sections of the 17th 
chapter of the Revised Code ; 

An act to amend an act passed 1844:-'45, to incorporate the 
Town of Pittsborough, in the County of Chatham ; 

An act to enforce and make more effectual an act of the 
General Assembly, ratified December 23, 1862, regulating 
the payment of bounty ; 

An act to incorporate the Prankhn JMining and Manufac- 
turing Company ; - 

An act to amend an act entitled " an act concerning th& 
county site of Mitchell County ;" 

An act to extend the time of perfecting titles to land here- 
tofore entered : 



1302-63.] SENATE JOURNAL. 12i' 

An act amending an act to incorporate the town of Ashe- 
ville; 

Resolution instructing the Adjutant General of this State 
to correspond with the Adjutant General or Governor of 
Virginia, relative to arras furnished that State ; 

Resolution to raise a Committee of Investigation of Rail- 
roads of the State ; 

An act in relation to the County of Brunswick ; 

Resolution authorizing and directing the Secretary of State 
to have published certain ordinances of the State Convention, 
together with the acts of the present General Assembly ; 

Resolution in reference to the Engrossing Clerks ; 

An act to provide for the holding of Courts in Hertford 
county ; 

An act to incorporate the Anderson Monument Association ; 

An act to authorize and empower George W. Grumpier, 
late sheriff of Sampson county, to collect arrears of taxes ; 

An act to incorporate the Yadkin Yalley and "Western 
Railroad Company ; 

An act to incorporate the town of Chestnut Hill, in Rowan 
Count}'- ; 

An act to incorporate the Nantahala Mining Company ; 

An act to amend the 18th section of the 28th chapter of the 
Revised Code in relation to fees of committees of finance ; 

An act to authorize the deacons and trustees of Sharon 
Church to sell the Parsonage and lands attached belonging 
to said congregation ; 

An act to incorporate the Macon County Mining Company ; 

An act to amend an act to prohibit the distillation of 
spirituous liquors ; 

An act in regard to service of process on the Southern 
Express Company ; 

An act concerning Sheriffs and their sureties ; 

An act to insure the protection of the people of North- 
Carolina against small-pox ; 

An act to incorporate the Dispatch Steamboat Company ; 

An act to authorize and empower Isaac A. Real, late 



122 SENATE JOUET^AL. [Session 

Sheriff of McDowell County, to collect arrears of taxes due 
said Sheriff for the year 1860-61 ; 

An act to appoint commissioners to sell the old jail in the 
town of Wilkesborough ; 

An act to extend the charter of the Pittsboro' and Hay- 
wood Plank Road Company ; 

An act in favor of C. Austin, Sheriff of Union County; 

An act entitled " Revenue ;" 

An act supplemental to an act passed at the present session 
of the General Assembly, entitled "Revenue ;" 

An act in reference to taxes and the liabilities of Sher- 
iffs; and 

An act to incorporate the Tuckaseege Mining Company ; 

An act to incorporate the Randolph Manufacturing Com- 
pany; 

An act to amend an act entitled an " act to amend an act 
entitled ' Militia,'" passed at the present session of the Gen- 
eral Assembly ; 

An act to prevent during the existing war monopolies, 
extortion and speculation in breadstnffs and other articles of 
general use and consumption and to make such acts criminal 
and to provide penalties for the same ; 

The bill entitled " A bill for the relief of the families of 
deceased soldiers and to provide for a roll of honor," was read 
a second time and after some discussion thereon. 

Mr. Murrill demanded a call of the House. 

Upon the call of the House, those who answered to their 
names are, 

Mr, Speaker, Messrs. Adams of Guilford, Arendell, Bagley, 
Carroway, Eure, Faison, Graham, Jarratt, Jones, Lassiter, 
Murrill, Patton, Patrick, Sharpe, Slaughter, Taylor of Nash, 
Warren, Wiggins and Wright — 20. 

The call of the House was proceeded with. The absentees 
were called and are, 

Messrs. Adams of Davidson, Blount, Brown, Copeland, 
Dickson, Dickerson, Drake, Ellis, Hall, Harris, Holeman, 
Lane, Leitch, Lindsay, Matthews, Neal, Outlaw Powell, 



1862-'63.] SENATE JOURNAL. 123 

Ramsay, Simpson, Smith of Anson, Smith of Macon, Smith 
of Stanly, Taylor of Chatham, Whitford, White, Wooley and 
Young. 

Messrs. Copeland, Ellis, Hall, Harris, Outlaw, Smith of 
Anson and Wooley were excused. 

The sergeant at arms was despatched to bring in the 
absentees. And the body adjourned until 11 o'clock to- 
morrow morning, on motion of Mr. Graham. 



TtlURSDAY, February 12, 1863. 

Further proceedings under the call of the House were dis- 
pensed with, on motion of Mr. Graham. 

The journal of yesterday was read and approved. 

A message was received from the House of Commons, that 
they transmit the following biHs and resolutions duly enroll- 
ed and signed by the Speaker of the House, and the same 
were signed by the Speaker of the Senate, to wit : 

An act to amend the 2d secti(m of 64th chapter of Revised 
Code ; 

An act to incorporate the Springfield Literary Society ; 

An act to incorporate the Rhymer Gold and Copper Min- 
ing Company in the county of Rowan. 

An act for the relief of persons who have over-paid, or may 
hereafter over-pay taxes. 

An act in reference to taxes and liabilities of sheriffs. 

An act to authorize H. Hunter, late sheriff of Madison 
county, to collect arrears of taxes due said sheriff for the 
years 1858 and '59. 

An act to change the time of holding the Courts of Pro- 
bate, and public sales days in the county of Rutherford. 

An act concerning Common Schools ; 
' An act concerning the Courts of Pleas and Quarter Ses- 
sions of Caldwell and Franklin Counties ; 

An act to incorporate the town of Marshall, in Madison 
County, under the law for the better regulation of towns ; 



124 SENATE JOtJRKAL. (Session 

Kesolntion in relation to the Medical Examining Boards; 

Resolution concerning the seizure of iron belonging to the 
Atlantic and ISTorth-Carolina Railroad ; 

R;esolntion relating to impressment; 

Resolution in favor of Rufus Galloway ; 

A resolution in favor of James McKimmon and A. Creech. 

A message was received from the House of Commons that 
they recommend Maiden C. Ilarneau as a justice of the 
peace for Watauga County, which was agreed to. 

Mr. Neal, on motion of Mr. Sharpe, was excused for unne- 
cessary absence from the evening session of yesterday. 

The Senate took a recess, on motion of Mr. Adams of 
Guilford, until three o'clock, P. M. 



THURSDAY AFTERNOON — three o'clock. 

On motion of Mr. Graham, a message vf^as sent to the 
House of Commons that the Senate is now read^'- to adjourn 
in conformity with the joint resolution of the two Houses. 

A message was received from the House that they trans- 
mit the "Report of the Joint Committee on Finance," which 
was read ; also a message that the House of Commons will 
adjourn sine die at 4 o'clock, P. M. 

Mr. Faison introduced the following resolution, to wit : 

Resolved^ That the thanks of the Senate are due and are 
hereby cordially tendered to Giles Mebane, Esq., the Speaker 
thereof, for the dignity, urbanity and impartiality with which 
he has presided over its deliberations during the present ses- 
sion. 

Mr. Faison being in the Chair, the resolution was put and 
unanimously adopted. 

The Speaker returned his thanks to the Senate and declared 
the same adjourned mie die. 

GILES MEBANE, 
Bpedker Senate, 

C. R, Thomas, 

Clerh Senate. 



INDEX 



ADJOURNED SESSION 



ELECTIONS. 

Pag?. 
Election of Trustees of the University, 47, 56, 63 

YEAS AND NAYS. 

Vote on passage of a bill for the relief of persons who have overpaid, 

or may hereafter overpay taxes ; second reading, 7 

" amendments to a bill to raise ten thousand volunteers for the 

defence of the State, 12, 13, 14, 36, 37 

" motion to lay on the "table a resolution in relation to the 
seizure and imprisonment of Wm. C. Loftin, a citizen of 
Lenoir county, 15 

*• motion to lay on the table an amendment to resolutions vin- 
dicating the loyalty of the State of North-Carolina, and its 
General Assembly, 27 

" amendments to the same, 28 

*' the adoption of said resolutions, 28, 81 

*• the passage of a bill to secure the property of married wo- 
men ; second reading, 33 

Z^. *' ^^® passage of a bill to raise ten thousand volunteers for the 

defence of the State ; second reading, 87 

*' motion to lay on the table a resolution that a message be 
sent to the House of Commons proposing to adjourn sine 
die on Monday the 2d of January, 1868, 39 

•* motion to lay on the table resolutions concerning flogging in 

the Confederate States army, 44 

" the passage of said resolutions ; second reading, 45 

" the passage of a bill to amend the Charter of the Chatham 

Eailroad 'Company ; aeGond reading, ,.. 49 



ii. INDEX. 

Page. 
Vote on motion to lay on the table, " A bill to modify an act enti- 
tled, 'An act to change the jurisdiction of the courts, and 
the rules of pleading,' passed at the second extra session of 
the General Assembly, 1801, commonly called the Stay 

Law," and an amendment thereto, 52 

'* motion to lay on the table, a bill to permit free persons of 
African descent, to select their own masters and become 

slaves ; third reading, 53 

" the passage of a bill to authorize Malcom McTnnis to distil 
from grain, the article of Alcohol for mechanical and me- 
dical purposes ; third reading, 56 

" the passage of a bill to amend an Ordinance of the Convention 
entitled, " An Ordinance to Charter the Piedmont Rail- 
road Company ;'' second reading, 57 

" motion to lay on the table, a motion to re-consider said vote, 59 
*' motion to postpone, indefinitely, a bill to amend an Ordinance 
of the Convention, entitled, " An Ordinance to Charter 

the Piedmont Railroad Company ;" third reading, G5 

" the passage of said bill ; third reading, 65 

" motion to print the report of the Committee of Conference 
" upon the Revenue Bill, and the amendments made to said 

bill, 66 

" the adoption of the report of said committee 67 

" motion to lay on th6 table a motion to re-consider the vote 
by which was adopted, the report of the Committee of Con- 
ference upon the disagreeing votes of the Senate and House 

on the Revenue Bill, , 88 

" said motion to re-consider, , 83 

" amendments to a bill authorizing the Governor to issue com- 
missions to hold courts of Oyer and Terminer, and for 

other purposes, 86, 87 

'* motion to lay on the table a bill for the relief of the wives 
" and families of soldiers in the army, and the amendments 

thereto, 90 

*' an amendment to said bill, 92 

" its passage ; third reading, 92 

" motion to lay on the table, a message from the House of Com- 
mons, proposing an adjournment, sine die, 93 

•• agreeing to said proposition, 94 

" the passage of a bill to amend the militia law ; third reading, 88 
*' motion to lay on the table a bill to amend tho Revised Code 

in relation to habeas corpus, on third reading, 101 

•' an amendment to said bill, 101 



INDEX. iii 

Pack, 
Vote on concurring in a message from the House of Commons, pro- 
posing to rescind the joint resolution, fixing the time for 
sine die adjournment 107 

" a motion to send a message to the House of Commons, pro- 
posing an adjournment sine die, on Thursday, February 
12th, 1863, at 4 o'clock, P. M., 108 

" motion to lay on the table a bill in relation to public roads, 

on its second reading, 109 

" the passage of a bill to punish aiders and abettors of de- 
serters ; second reading, , 110 

" motion to lay on the table a bill to insure the protection of 
the people of North-Carolina against small pox ; second 
reading, Ill 

" amendments to said bill, 112 

" its passage ; second reading, 113 

" the passage of a bill to amend an act concerning the county 

site of Mitchell county ; second and third readings, 114 

" motion to postpone indefinitely a bill to provide for the es- 
tablishment of iron-works to manufacture railroad and all 
other iron, on second reading, 115 

" the passage of resolutions relating to impressment, 119 

MISCELLANEOUS. 

Message from the Governor, 17 

Appointment of Justices of the Peace, 23 

Call of the House, 122 



JOURIAL 



OF THE 



HOUSE OF COMMOI(S 



OF 



NOETH-CAROLINA, 



AT ITS 



SESSION 186a-'63. 



EALEIGH: 

W. W, HOLDEN, PRINTER TO THE STATK 

1862. 



JOURNAL 



OF THE 



::iT7^ /-M^ ^i^]i,r-^fr\ATo 



At a General Assembly of the State of j^ortb-Carolina, 
begun and held in the city of Ealeigh, on Monday, the sev- 
enteenth day of November, in the year of our Lord one 
tlioiisand eight hundred and sixty-two, and in the second year 
of the Independence of the Confederate States of America, 
being the day appointed by law for the meeting of the Gen- 
eral Assembly, the following members of the House of 
Gomraons appeared, exhibited their credentials and were 
■qnalihed according to law .: 

. , i Rufus Y. Me Aden, 

Alamance..... (E.F.Watson, 

Anson Purdie Richardson, 

Ashe , J. M. Gentry, 

Bladen J. W. Russ, 

Brunswick , . Dan'l L. Russell, 

Buncombe John Burgin, 

Cabarrus Wm. S. Harris, 

Caldwell Matthias A. Bernhardt, 

Caswell Sam'l S. Harrison, 

Catawba Geo. S. Hooper, 

j M. Q. Waddell, 
Chatham < Thus. B. Harris, 

( Wm. J. Ileaden, 

Cherokee Jas. H. Bryson, 

Chowan L. C. Benbury, 

r^^ ^ A C J. R. Logan, 

Cleveland j David Blam, 



4 HOUSE JOURNAL. [Session 

Columbus "Wm, M. Baldwin^ 

Craven , Rich'd A. Knssell, 

i J. G. Shepherd, 
Cumberland and Harnett. < John MeCormick,. 

( Neill McKaj, 

Davidson Robert T. Beall, 

( Henry Walser, 

Davie Henry B. Howard^ 

r\ ^• S Bern. W. Hedges, 

^"P^>^^ tjohnD.Stantbrd, 

Edgecombe David Cobb, 

F-I'" iKKoLf""' 

Franklin A, W. Pearce, 

Gaston A. "W". Davenport,. 

{Robert B. Gilliam, 
Jas. S. Amis, 
Eugene Grissom, 

Greene Henry H. Best, 

( R. W. Glenn, 

Guilford •< M. S. Sherwood, 

( Wra. R. Smith, 
Gates . . , Wm. H. Manning,. 

Halifax. ,\ ?"?J^;^-X^"''' 

[ A. H. Davis, 

Haywood Sam'l L. Love, 

Henderson Alex, Henry, 

T -1 11 i Thos. A. Ailison,. 

^'■^^^"' ' I John Young, 

Jackson Joseph Keener, 

T 1 , i Seth Woodall, 

J^^^"^^^^--- Iw.H.Avera, 

Jones Anthony E. RhodeSj. 

Lenoir , . W. "W. Dunn, 

Macon J. M. Lyle, 

Madison Jesse AVallen, 

McDowell W. E. Craig, 

,^ 1 1 1 ( John L. Brown, 

Mecklenburg ] E. C. Grier, ^ 

Montgomery .... E. G. L. Barringer^ 

Moore . . . . ." Alex. Kelly, 

Nash Henry G. Williaras;. 

,-r XT \ Sam'l J. Person, 

New Hanorer | j^j^^ ^ pj^^^^^ 



1862-63.] HOUSE JOURNAL. 5 

Northampton Sam'I T. Stancill, 

Onslow Jas. H. Foy, 

'Orange Wm. IST. Patterson, 

Pasquotank Wm. E. Mann, 

Person M. D. 0. Bnmpass, 

«-'^<"P'^ •• {Mt"nf' 

K""-- {S^mS'?"^' 

-p,,i • ^1 „.^, ( W. 3. Gilliam, 

Rockingham | j^^ ^ Reynoids, 

Rowan..... J N- N- Fleming, 

( 1^ . Ji,. Shober, 

Paitherford- .J f-^-^^'^'^°l 

[J.B. Uarpenter, 

Stanly Lafayette Green, 

Stokes Wm'. H. Fiynt, 

j G. H. Altbrd, 

"Wake . . , I Wm. Laws, 

I Dan'l G. Fowie, 

AVarren i ^^°^- ^' J"<^^i"s, 

[ L. Henderson, 
Watauga Wm. Horton, 

Wavne \ ^- ^- Crawford, 

^^^^""^ ' / • I B. B. Rives, 

Yadkin A. C. Cowles, 

Yancey, D. M. Young. 

On motion of Mr. Love John Parks, of Burke county, 
■whose certificate of election was not in proper form, was al- 
lowed to take his seat. 

Mr. Cowles moved that Messrs. E. M. Welborn and W. W. 
Hampton, of the county of Wilkes, whose certificates of elec- 
tion had been misplaced, should also be allowed to take their 
seats. Whieh motion was agreed to. 

Mr. Fowle moved that Eli Spruill, of the county of Tyrell, 
who had received a majority of the votes of the soldiers from 
that county, but who had no certificate of election from the 
sheriff, on account of the presence of the enemy there, be 
iillowed to take his seat. 

Mr. Person moved to refer the subject to a select committee 
of three to be appointed by the Clerk. Not agreed to. 



« HOUSE JOITKNAL. [Session 

The molion of Mr. Fowlewas then agreed to, and Messrs. 
Spruill, "Wellborn, Hampton and Parks were qualified accordr 
ing to law. 

It appearing that there was a quorum present 

Mr. Burgin moved that Robert S. Gilliam, Esq., of Graiv 
ville, be appointed Speaker of the House. 

Mr. Stanford asked that the name of Hon. Jesse G. Shcjv 
herd be added to that in nomination, but at the request of 
Mr. Shepherd withdrew the name. 

The House then proceeded to vote as follows r 

The following members voted for Mjr. Gilijam: 

Messrs Allison, Alford, Amis, Avera, Baldwin, Bernhardt, 
Barringer, Beall, Benbury, Best, Bryan, Bryson, BumpasSy 
Burgin, Carpenter, Cowles, Davis, Dunn, Flynt, Fowle,»Gen- 
try, Glenn, Greene, Grissom, Hampton, Harris of Carbarrus, 
Harris of Chatham, Harrison, Havves, Henderson, Henry of 
Henderson, Headen, Howard, Horton, Joiner, Judkins, Kee- 
ner, Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, Me- 
Aden, McCormick, Nissen, Parks, Patterson, Pearce, Rey- 
nolds, Richardson, Robbiiis, Russell of Brunswick, Shep- 
herd, Sherwood, Shober, Smith, Spruill, Waddell,*Wallen, 
Walser, Watson, Wellborn, Wilhams, Woodall, Worth, Young 
of Iredell, and Young of Yancey — 69. 

The following voted for Mr. Siiephesd : 

Messrs. Brown, Cobb, Davenport,. Fleming, Foy, Gillijlra 
of Rockingham, Grier, Hodges, Hooper, Manning, McKay, 
McNeil, McRae, Person, Rhodes and Russ — 16. 
. The following voted for Me. Fleming : 

Messrs. Beam, Crawford, Logan, Love, Rives, Russell of 
Craven, and Stanford — 7. 

The whole number of votes cast was 92, of which Mr. Gil- 
liam having received a majority, was declared duly elected, 
and was conducted to thd Chair by Messrs. Fleming and 
Sheplierd. 

Mr. Waddell moved that Lieutenant General Leonidas J, 
Polk, who was present, in the lobby, be invited to a seat with- 
in the bar of this House. 



1862-'63.] HOUSE JOURNAL. 7 

The motion was agreed to unanimously, and Mr. Waddell 
was appointed to conduct General Polk to a seat. 

The House then proceeded to elect a Principal Clerk. 

Mr. McCormick moved that Henry E. Colton, of Starr's 
Light Artillery, be appointed Principal Clerk. 

The House then proceeded to vote as follows: 

The following members voted for Mk. Colton : 

Messrs. Allison, Alford, Amis, Avera, Baldwin, Bernhardt, 
Barringer, Beall, Beam, Best, Brown, Bryan, Bryson, Bump- 
ass, Burgin, Carpenter, Cowles, Craig, Crawford, Davenport, 
Davis, Dunn, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam, 
of Granville, Gilliam of Rockingham, Glenn, Greene, Grier, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 
Harrison, Hawes, Henry of Henderson, Hsaden, Hodges, 
Hooper, Howard, Horton, Joyner, Judkins, Keener, Kelly, 
Kerner, Laws, Lemraonds, Logan, Love, Lyle, Mann of Pas- 
quotank, Manning, McAden, McCormick, McKay, McNeill, 
McRae, Nissen, Parks, Patterson, Pearce, Person, Reynolds, 
Richardson, Rives, Rhodes, Robbins, Russ, Russel ©f Bruns- 
wick, Russell of Craven, Shepherd, Sherwood, Shober,.Smith, 
Sprnill, Stanford, Stancill, Waddell, "Wallen, "Walser, Watson, 
Wellborn, Williams, Woodall, Worth, Young of L-edell, and 
Young of Yancey — 91. 

Having received the whole number of votes cast, Mr. 
Colton was declared duly elected Principal Clerk. 

The House tlicn proceeded to the election of Assistant 
Clerk: 

Mr. Williams nominated Wm. H. Joyner, of Franklin. 

Mr. Cowles nominated John A. Stanly, of Beaufort. 

The House then proceeded to vote as follows : 

The following members voted for Mr. Stanly : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Best, Bryson, Bumpass, Burgin, Carpenter, Cowles, 
Craig, Flynt, Fowle, Gentry, Glenn, Greene, Grissom, Hamp- 
ton, Harris of Chatham, Harrison, Henry of Henderson, 
Headen, Howard, Horton, Kelly, Kerner, Laws, Lyle, Mann 
of Pasquotank McAden, McCormick, McNeill, McRae, Nis- 



8' HOUSE JOURNAL. [Session 

sen, Parks, Patterson, "Richardson, Ehodes, Robbins, Russell 
of Brunswick, Sherwood, Sbober, Spruill, Waddell, Wallen. 
Walser, Watson, "Wellborn, Woodall, Worth, Young of Ire- 
dell and Young of Yancey — 56. 

And the following voted for Mr. Joynee : 

Messrs. Baldwin, Beam, Benbury, Brown, Bryan, Cobb, 
Crawford, Davenport, Davis, Fleming, Foy, Gilliam of Rock- 
ingham, Grier, Harris of Cabarrus, Hawos, Henderson, 
Hodges, Hooper, Joyner, Judkins, Logan, Love, Manning, 
McKay, Pearce, Person, Reynolds, Rives, Russ, "Russell of 
Cabarrus, Shepherd, Stanford, Stancill and Williams — 34. 

The whole number of votes cast was 90, of which Mr. 
Stanly having received a majority was declared duly elected. 

The House then proceeded to the election of Doorkeepers. 

Mr. Walser nominated, Wm. S. Webster, of Chatham, for 
Principal Doorkeeper. 

Mr. Worth nominated John H. Hill, of Randolph, for 
Assistant. 

These gentlemen were then duly elected, in each instance 
receiving the whole number of votes cast. 

On motion of Mr. Love, 

Ordered, That a message be sent to the Senate informing 
that body of the organization of the House by the election ol 
Robert B. Gilliam, Speaker; Henry E. Colton, Principal 
Clerk ; John A. Stanly, Assistant Clerk ; Wm. S. Webster, 
Principal Doorkerper, and Jno. H. Hill, Assistant Doorkeeper : 
and of our readiness to co-operate with that body rn thd 
despatch of public business. 

On motion of Mr. Love, 

The House adjourned until to-morrow m(>rning 10 o'clock, 



TUESDAY, KoYEMBEE 18, 1862. 
Received from the Senate a message, by Mr. Edwards, 
their Clerk Assistant, informing this House that the Senate 
has been duly organized by the appointment of Giles Meban-:^ 



1862-'<33.] nOirSE JOURNAL. 9 

Speaker; 0. E. Thomas, Principal Clerk; L.C.Edwards, 
Assistant Clerk, Wm. R. Page, Principal Doorkeeper, and 
C C. Tally, Assistant Doorkeeper ; and that thej arc ready 
to proceed to the despatch of public business. 

Received from the Senate a message, by their Clerk Assis- 
tant, Mr. Edwards, that 

The Senate proposes to raise a joint committee of two on 
the part of each House to wait upon His Excellency th^ 
Governor and inform him. of . the organization of the two 
Houses ; 

Which proposition was agreed to. * 

Ordered^ That Messrs, Waddell and Williams constitute 
the House branch of the committee. 

The following members appeared exhibited their creden- 
tials and were qualified in accordance with the law : 

Edgecombe, Robert Bynum, 

Martin, James R. Robason, 

N'orthampton, , W. W. Peebles, 

Pitt, Churchill Perkins, 

Sampson, Wm. Kirby, 

Union C. Q. Lemmonds. 

On motion of Mr. Waddell, 

Ordered^ That the rules of the last House of Commons be 
adopted for the government of this House for the present. 

Mr. Fowle presented the following resohition : 

Resolved,, That a committee of four be appointed, to take 
into consideration the expediency of authorizing the Govern- 
or to buy provisions and produce in the Eastern Counties, and 
to provide means of conveying it from thence, and that they 
report by bill or otherwise. 

This resolution was read and agreed to. 

Mr. Foy presented a resolution : 

Resolved, That the Judiciary Committee be requested to 
examine the complaints against extortioners and speculators, 
and report a bill to remedy the same. 

Mr. Watson presented the following resolution : 

Resolved^ That the Secretary of State be authorized to pur- 



10 HOUSE JOURNAL. [Session 

chase live linndred copies of the Ordinances of tlie Conven- 
tion for t]ie nsG of the members of this House. 

Wliich was read the first time, and under a suspension of 
the rales, was read the second time. 

On motion of Mr. Love, it was so amended as to read after 
the word " purchase," "one co|)y for each "member of the 
House of Commons and Senate and tlie officers of the two 
Houses.'' 

Tlie resohition as amended tiien passed its several readings. 

On motion of Mr. Amis : 

Ordered^ That a message be sent to the Senate transmitting 
the resolution and requesting their concurrence in the same. 

Mr. Foj presented a memorial from sundry citizens of 
Onslow county. 

Mr. Waddell from the committee appointed to wait upon 
His Excellency, the Governor, reported that his Message will 
be sent in immediately. 

Ordered, Tiiat Messrs. Fowle, Russell, of Brunswick, Pee- 
bles and Cowles, constitute the committee nnder Mr. Fowle's 
resolution. 

Received from the Senate a message, by their Clerk As- 
sistant, Mr. Edwards, that the Senate proposes to go into an 
election of Public Printer, this day at 1 o'clock, and states 
that W. W. Holden has been placed in nomination, and asks 
the concurrence of the House in the same ; 

Which proposition was agreed to. 

Received from His Excellency, Governor Yance, by his 
private Secretar}'', Mr. R. H. Battle, the following communi- 
cation, "which having been read, was, npon motion, ordered 
to be transmitted to the Senate with the documents accom- 
panying, and a proposition that the message be printed, 
twenty copies for-each member of the House and Senate and 
one hundred copies for the Governor. 

Received from the Senate a message, that the Senate agrees 
with the House of Commons in the resolution to purchase the 
ordinances of the Convention. 

Received from the Senate a message, that the Senate pro- 



lS62-'63.] HOUSE JOURNAL. 11 

poses to raise a joint select committee of three upon the part 
of tlie Ilonse, and two on the part of the Senate, to prepare 
rnles for the joint government of tlie two Houses, 

Which proposition was agreed to. 

Ordered^ That Messrs. Shepherd, Amis and Keener consti- 
tute our part of said committee. 

Mr. McKay presented the following resolution : 

Jiesolved, That a comiitittee of five be appointed on the 
rules and regulations of the House of Commons, and that they 
have two hundred and fifty copies printed for the use of the 
members thereof, at as early a day as practicable. 

Which was agreed to. 

Ordered, That Messrs. McKay, Shepherd, Amis, Keener, 
and Shober constitute that committee. 

Mr. Amis introduced a resolution in favor of William R, 
Lovell ; 

Which was read first time and passed, and under a suspen- 
sion of the rides, was passed its second and third readings. 

Mr. Peebles introduced a bill, no. 2, to exempt perfons 
over 45 years of age from military duty in the militia. 

Mr. McKay from the committee on rules, reported the rules 
of last session with some amendments, which, being agreed 
to, were ordered to be printed. 

The Speaker announced the reception of the Treasurer's 
report. 

On motion of Mr. Shepherd, 

Ordered, That it be referred to the Committee on Finance. 

Received from the Senate a message, that the Senate has 
passed a resolution in favor of J. W. Alspaugh, and asks the 
agreement of the House to the same. 

The resolution was read the first time and passed, and un- 
der a suspension of the rules, was passed its second and third 
readings. 

The hour having arrived to enter into the election of a 
Public Printer, 

On motion of Mr. Shephero', 

Ordered, That a message be sent to the Senate informing 



12 HOUSE JOUH^^AL. [Session 

that body that the name of W. J. Palmer, is also in nomina- 
tion for Public Printer, and that the House will proceed to 
vote upon the return of the messenger. 

The House then proceeded to vote. 

The following members voted for Mr. Holdejt : 

Mr, Speaker, Messrs. Allison, Alforu, Amis, Avera, Bar- 
ringer, Benbury, Best, Bryan, Bryson, Burgin, Carpenter, 
Craig, Dnnn, Flynt, Fowle, Gentry^ Glenn, Greene. Grissom, 
Hampton, Harris of Chatham, Henry of Henderson, Ileaden, 
Howard, Horton, Kelly, Kerner, Laws, Lyle, Mann of Pas- 
quotank, McOormick, McRae, Nissen, Parks, Patterson, 
Pearce, Perkins, Richardson, Robbins, Bussell of Brunswick, 
Sherwood, Shober, Smith, Spruill, Waddell, Wallen, "Walser, 
Watson, Woodall, Worth, Young of Iredell, and Young of 
Yancey — 53. 

And the following for Me. Palmek: 

Messrs. Baldwin, Bernhardt, Beall, Beam, Brown, Bumpase, 
Bynum, Cobb, Cowles, Crawford, Davenport, Davis, Fleming, 
Foy, Giiliam of Rockingham, Grier, Harris of Carbarrus, 
Hawes, Henderson, Hodges, Hooper, Joyner, Judkins, Kee- 
ner, Kirby, Lcmmonds, Logan, Love, Manning, McKay, Mt- 
Neill, Peebles, Person, Reynolds, Rives. Robinson, Russ, 
Russell of Crriven, Stanford, Stancill, Wellborn and WiJ- 
liams —43. 
; On motion. 

The House adjourned until to-morrow morning, 10 o'clock. 



WEDNESDAY, November 19, 1862. 

Mr. Walser, from the committee to superintend the election 
of Public Printer, presented a report that the whole number 
of votes cast was 131, necessary to a choice 68, of which Mr. 
Holden received 79, Mr. Palmer 53, Mr. Pennington 1, and 
Mr. Spelman 1. Mr. Holden is therefore declared elected. 

The following members appeared, presented their J3rederj- 
tials, and were qualified in accordance with the law ; 



1362-'63.] HOUSE JOURjSTAL. 13 

Caswell William Long, 

Alexander John M. Carson, 

Kiehmond Sanders M. Ingram, 

Orange John Berry. 

Mr. Shepherd from the Joint Committee on Rules, reported 
flie rules of last session without amendment. 

The Speaker presented a letter • from the Public Printer 
elect, which was read. ^ 

Ealeigh, IS'ovember 19, 1862. 
Ho2T. Robert B. Gilliam, 

Speaker of the House of Commons : 

SiE r 1 beg leave leave to say that I accept the oflSce of 
State Printer, to which I was elected yesterday by the joint 
Yote of the two Houses of the General Assembly. 

It is, perhaps, proper that I should add that I did not desire 
the office, and that I had asked none to support me, nor even 
\-y put me in nomination for it. My ordinarj^ business as a 
printer and publisher requires all my time and attention, and 
is more agreeable and profitable to me than the office of State 
Printer. Indeed, on learning that I had been elected, I deter- 
mined to decline, and such was my purpose formed several 
months since ; but inasmuch as I have been elected, and as 
the public business may be delayed if I should decline, and 
as I am always disposed to serve mj' friends and the State 
when called upon to do so, I accept the office, and will en- 
deavor to discharge its duties, as I trust I have heretofore 
done, with fidelity and despatch. 

It has been suggested on the score of economy that it is 
desirable that the Legislature should take the necessary steps 
to have the public printing executed at the Asylum of the 
Deaf and Dumb and Blind in this city. No citizen of the 
State is more anxious than I am to save the public money and 
lighten the burthens of the people, and no one ig less disposed 
than I am to realize profits, at a crisis like the present, out of 
the State Treasury ; and without expressing an opinion as to 
the propriety of establishing a State Printing Office, I beg 



U HOUSE JOURNAL. [Session 

leave to say that if the Legislature should see proper to put 
the Asylum printing office in a condition to do the public 
work, I will at once and with pleasure retire from the office 
of the State Printer, and shall be gratified if the plan sug- 
gested should operate in such a way as to promote the public 
interests. 

Permit me to add, in conclusion, that I am profoundly 
grateful to those who voted for me for State Printer, and that 
I will spare neither pains nor expense to execute the work 
promptly and faithfully. 

I have the honor to be, sir, with much respect, 

Your obedient servant, 

W. W. IIOLDEN". 

Mr. Love introduced a bill, No. 5, to prevent during the 
war, monopolies, extortions and speculations in articles of 
general use and consumption. Kead and passed first reading 
and ordered to be printed. 

Mr. Lyle, a bill No. 6, concerning Roads. Read first time 
and passed, and referred to the Committee on the Judiciary. 

Mr. Fowle, from a Select Committee, presented a report 
and a bill, No. 7, for the purchase of provisions. Read first 
time and passed, and ordered to be printed. 

On motion of Mr. Shepherd, 

Ordered, That a message be sent to the Senate proposing 
to raise a joint committee to wait upon the Governor and 
invite him, if desired, to a private conference with the two 
Houses. 

Received from the Senate a message, announcing its con- 
currence in the proposition to wait upon the Governor, and 
that Messrs. Bagley and Russ are the committee on their part. 

Ordered, That Messrs. Shepherd and Cowles constitute our 
part of that committee. 

Mr. Peebles introduced a bill, No. 8, concerning Slieriffs. 
Read first time and passed, and referred to the Judiciary 
Committee. 

Mr. Shepherd, from the Joint Select Committee to wait 



1862-'63.] HOUSE JOURNxVL. 15 

upon the Governor, reported that he would meet the two 
Ilonses at 1 o'clock P. M. of to-day. 

Ordered, That a message be sent to the Senate inviting 
that body to meet the House of Commons in conference with 
the Governor at 1 o'clock. 

Mr. Shepherd introduced the following resolution : 

Uesolved. That the Committee on Propositions and Griev- 
ances be instructed to inquire into the propriety of establish- 
ing work houses in connection with our prisons. 

Which was read and agreed to. 

Received from the Senate a message accepting the invita- 
tion of the House of Commons to meet in private conference 
with the Governor at 1 o'clock. 

Ordered, That Messrs. Shepherd, "Waddell and Person con- 
stitute a committee to make arrangements to receive the 
Governor and Senate> 

Mr. Harris, of Cabarrus, introduced a bill, ]Mo. 9, to con- 
tinue in force the Ordinance of the Convention prohibiting 
the distillation of spirituous liquors. Eead first time and 
passed, ordered to be printed and referred to the Judiciary 
Committee. 

The hour set apart to hear a private communication from 
His Excellency, the Governor, having arrived, the House 
went into secret session. 

After which, on motion, 

The House adjourned until to-morj['Ow 11 o'clock. 



THURSDAY, Kovembek 20, 18(12. 

B. G. Albritton, member elect from Pitt county, appeared, 
presented his credentials and was qualified in accordance 
with the law. 

The Speaker appointed the following standing committees 
under the rules of the House : 

On the- Judiciary— Messrs. Donnell, Fowle, Person, Flem- 



16 nOUSE JOURNAL. [Seasiou 

iiig, McAden, Waddell, Shober, McKay, Robbins, Holmes 
and Benbnry. 

On Educaiion — Messrs. Sliober, Carson, Manning, Best, 
Jlussell of Graven, Hawes, Henderson, Sherwood, Barringer, 
Hooper and Lyle. 

On Internal Tm^rrovements — Messrs. Fleming, Mann of 
Pasquotank, Love, Joyner, Stanford, Baldwin, Pearce, Har- 
rison, Beall, Brown and Gentry. 

On Claims — Messrs. Bnrgin, Yann, Dunn, Foy, Riiss, 
Laws, Reynolds, Headen, Clrier, Hampton and Bryson. 

On Agriculture — Messrs. Russell of Brunswick, Robason, 
Davis, Rhodes, McNeill, Alford, Gilliam of Rockingham, 
Greene, Lernmonds, Wellborn and Lyle. 

On Proiynsitions and Grievances — Messrs. Allison, Keener, 
Walser, Forbes, Cobb, Rives, McRae, Patterson, Watson, 
(>)stner and Bernhardt. 

On Privileges and Elections — Messrs. Amis, Henry of 
15ertie, Perkins, Crawford, McCormick, Judkins, Nissen, 
Harris of Chatham, Harris of Cabarrus, Hollingsworth and 
W alien. 

On Private Bills — Messrs. Cowles, Avera, Bond, Daven- 
port, Flynt, Hodges, Howard, Horton, Stancill, Logan, Kirby, 
Parks, Carpenter and Young of Yancej'^. 

And the following as our part of the Joint Standing Com- 
mittees : 

On Finance — Messrs. Worth, Shepherd, Amis, Peebles, 
Berry, Henry of Henderson, Long and Williams. 

On Military AffoArs — Messrs. Fowle, Person, Mann of 
Pasquotank, Stancill and Cowles. 

On Cherokee Lands and Western Turn^iJces — Messrs. Gen- 
try, Bryson, Bryan, Craig and Love. 

On the Lihrary — Messrs. McKay, Grissom and Kelly. 

On P'liblic Buildings — Messrs. Beam, Bynum and Burns, 

On Swamp Lands — Messrs. Perkins, Spruill, Mann of 
Hyde, Baxter and Smith. 

On the Deaf and Dumb and Blind Asylum — Messrs. Mc- 
Cormick, Sherwood, Watson, Kerner and Young of Iredell. 



1862-'63.] HOUSE JOURjN'AL. IT 

On the LunaiiG Asylurft — Messrs. Carson, Glenn, Eiddick, 
Hawes and Ricliardson. 

Mr. Waddell presented a resolution: 

liesolvcd, That so much of the Governor's Message as 
refers to a more efficient patrol in the different counties of 
the State be referred to the Committee on Military Affairs, 

Mr. Beall introduced a bill, No. 11, to authorize the Gover- 
nor to employ slave labor on Government defences. 

Eead first time and passed ; ordered to be printed and 
referred to the Committee on Military Affairs. 

Mr. Glenn, a resolution requiring the officers of the Militia 
to act as a Patrol. Read first time and passed and referred 
■to Committee on Military Affairs. 

Mr. Lyle, a bill, No. 12, to incorporate the Macon County 
Leather Company. Eead first time and passed and referred 
to the Judiciary Committee. 

On motion of Mr. "Waddell, 

Ordered, That a message be sent to the Senate proposing 
to go into an election of one Engrossing Clerk at 12 o'clock 
to-day. 

Mr. Covt^les introduced a bill, No. 13, to abolish the office of 
State Geologist, Eead first time, passed and referred to the 
Committee on Agriculture. 

Mr. Walser, a bill. No. 14, concerning the currency. Eead 
first time, passed, ordered to be printed and referred to the 
Judiciary Committee. 

Eeceived from the Senate, a message that the Senate pro- 
poses to recommit the Joint Eules to the Committee which 
reported them ; 

Which was agresd to. 

On motion of Mr. Shepherd, the resolution introduced by 
him concerning prison work-houses, was referred to the Com- 
mittee on Propositions and Grievances. 

On motion of Mr. Peebles, the bill introduced by him 
concerning Sheriffs, was referred to the Judiciary Committee. 

On motion of Mr. Foy, the resolution introduced by him 
2 



18 HOUSE JOtRNAL. [Sessiore 

concerning extortioners, was referred to the Judiciary Com- 
mittee. 

Received from the Senate, a message stating that th'e Sen- 
ate agrees to the proposition of the House of Commons to go 
into an election of one Engrossing Clerk, and informing the 
House that Messrs. Walter lluske and Lewis W. Jojner are 
in nomination. 

Received from the Senate, a message that Messrs. Sharpe 
Hall and Young constitute its branch of the Committee to 
Buperinte^'l the printing of Hie rules, &c. 

Ordered. That Messrs. Slicrw-ood, Watson and Love con- 
stitute our part of said committee. 

Received from tlie Senate, a message stating that the Sen- 
ate has appointed Thos. C. Miller a magistrate for the county 
<©f New Hanover and asked the agreement of the Housi) to 
the same ; 

Which was agreed to. 

On motion of Mr. Eoy, the memorial of certain citizens -of 
Onslow County was referred to the Judiciary Committee. 

Mr. Avera introduced a bill, No. 15, in relation to the 
Justices of Johnston county. Read first time, passed and 
teferred to Committee on Piivate Bills. 

Mr, Kerner, a resolution, No. 16, in favor of John Fisher. 
TIqvA f]r;t ti?ne, passed and roferred to Committee on Private 
Bills. 

The hour set apart for the election of an Engrossing Clerk 
leaving arrived, the House proceeded to vote. 

The following members voted for Mr. Huske : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bern- 
"hardt, Barringer, Beall, Benbury, Berry, Best, Brown, Bryan, 
Bryson, Burgin, Carpenter, Carson, Cowles, Craig, Dunn, 
Fly nt, Fowl e. Gentry, Glenn, Greene, Hampton, Harris of 
Cabarrus, Harris of Chatham, Harrison, Hawes, Henry of 
Henderson, Headen, Howard, Horton, Ingram,' Joyner, 
Keener, Kelly, Eerner, Kirby, Laws, Long, Lyle, Mann of 
Jiasqnotank, Manning, McCormick, McKay, McNeill. McJ^ae, 
Jsissen, Parks, Patterson, Perkins, Person, Richardson, Rob' 



1862-'63.] HOUSE JOURNAL. 19 

bins, Robinson, Ross, Russell of Brunswick, Shepherd, Sher- 
wood, Shober, Smith, Spruill, Stanford, Waddell, Wallen, 
Walser, Watson, Wellborn, Woodall, Worth, Young of Ire- 
dell ?nd Young of Yancey — 74. 

The following for Mr. Joyneb : 

Messrs. Bynum, Cobb, Crawford, Davenport, Davis, Flem- 
icg, Foj, Gilliam of Rockingham, Grier, Henderson, Hodges, 
Hooper, Jndkins, Lemmonds, Logan, Love, Pearce, Peebles, 
Reynolds, Rives, Rhodes, Stand 11 and Williams — 23. 

Mr. Waddell from the committee to superintend ihe elec- 
tion of Engrossing Clerk, reported that the whole number of 
votes cast was 137, necessary to a choice 69, of which Mr. 
Huske had received 104, Mr. Joyner 33. Mr. Huske is there- 
fore declared elected. 

Mr. Love moved that the House do now adjourn ; which 
was disagreed to. 

Mr. Amis introduced the following resolution : 

Resolved.) That the Speaker of this House appoint a select 
committee of five to inquire into the practicability and expe- 
dieacy of establishing a Printing Office for the State, and 
that they havie leave to report by bill or otherwise ; 

Which was agreed to. 

On motion of Mr. Peebles, 

Ordered., That a message be sent to the Senate, stating that 
the House of Commons proposes to raise a joint select commit- 
tee of five upon its part, and three upon the part of the Senate, 
to whom shall be referred the consideration of the subjects 
treated upon in the verbal conamunication of the Governor. 



On motion ol Mr. Love, 

The House adjourned until to-morrow at 11 o'clock. 



ERIDAY, November 21, 1862. 
Jas. H. Riddick, the member elect from the county of 
Perquimans, appeared, presented his credentials and was 
xjjialified in accordance with the law. 



20 HOUSE JOUENAL. [Session 

On motion of Mr. Love, his bill concerning monopolies and 
speculations was referred to the Judiciary Committee. 

Mr. Korner presented the following resolution : 

Resolved^ That the Committee on Military Affairs be 
instructed to inquire into the propriety of appointing a com- 
mittee whose duty it shall be to visit our sick and wounded 
soldiers in the hospitals and camps and relieve their want* 
and procure furloughs or discharges for them. 

Mr. Mclvay presented the following resolution : 

Resolved, That the Judiciary Committee be instructed to 
inquire into the expediency of enacting a law to fix prices of 
articles of prime necessity. 

Mr. Manning presented the following resolution : 

Resolved, That the Judiciary Committee be instructed to 
enquire what legislation is necessary in relation to taxes on 
property taken or destroyed in portions of our State now in 
the possession of the enemy. 

On motion of Mr. Burgin, that portion of the Governor's 
Message which relates to the taxation of slaves was referred 
to the Committee on Finance. 

Mr. Bryson introduced a resolution in behalf of disabled 
soldiers and the widows and orphans of deceased soldiers. 
Read first time, passed and referred to the Committee on 
Military Affairs. 

Mr. Peebles presented the following resolution : 

Resolved. That such portion of the Message of the Gover- 
nor as relates to the raising of a force of 10,000 men be 
referred to the Committee on Military Affairs, and that they 
report by bill or otherwise. 

Mr. Shepherd introduced a bill, IsTo. 22, in reference to the 
salaries of Judges of the Superior Court. Read first time, 
passed and referred to the Judiciary Committee. 

Mr. Mann, of Pasquotank, a bill, iN'o. 21, to amend 53d 
chapter, 9th section of the Revised Code. Read first time 
passed and referred to the Judiciary Committee. 

Mr. Bryson, a bill, Ko. 20, to authorize the Agent of Cher- 
okee Lands to refund the purchase money in certain cases. 



1862-'63.] HOUSE JOURIS'AL. SI 

Road first time, passed and referred to the Committee on 
Cherokee Lands. 

Mr. Shepherd, a bill, ISTo. 19, to authorize the President 
and Directors of the Literary Fund, to elect a Treasurer. — 
Read first time, passed and Referred to Committee on Edu- 
cation. 

Mr. Headen, a bill, No. 18, to authorize the Magistrates of 
Chatham county to levy a tax for the purpose of working 
roads in said county. Read first time, passed and referred 
to Committee on Private Bills. 

Mr. Brown, a bill, No. 17, to amend the charter of tbe 
Western Plank Road Company. Read first time, passed and 
referred to Committee on Internal Improvements. 

OTdered^ That IMessrs. Mann of Pasquotank, Harris of Ca- 
barrus, Shepherd, Bernhardt and Sherwood constitute the 
committee to inquire into the propriety and practicability of 
having the government printing done at a State institution. 

Mr. Lyle introduced a resolution, No, 24, in favor of Jo- 
seph Welch. Read first time, passed, and referred to the 
Committee on Cherokee Lands. 

Mr. Burgin, a bill. No. 23, to establish the 8th Judicial 
Circuit, and for other purposes. Read first time, passed, and 
referred to the Judiciary Committee and ordered that it be 
printed. 

On motion of Mr. Worth, 

The House adjourned until to-morrow, 11 o'clock. 



SATURDAY, November 22, 1862. 

Mr. Logan presented a memorial from the King's Mt. 
Baptist Association. Read and referred to the Judiciary 
Committee. 

Received from the Senate a message, stating that the Senate 
agrees to the proposition to raise a joint select committee on 
the verbal communication of the Governor, 



^ HOCSE JOURNAL. [Seesioifc 

Ordered, That Messrs. Peebles, Allison, Sliober, Shepherd 
and Fowle constitute our part of said committee. 

Leave of absence was granted to Mr. Perkins for eight 
days, to Mr. Cobb until "Wednesday next, and to Mr, Dunn 
for the same time. 

Mr. Fowle, from the Judiciary Committee, reported favor- 
ably, with amendments, H. No. 12, a bill to incorporate tho 
Macon Leather Company. 

On motion of Mr. Lylo 

The bill was read the second time. The oommittee amend- 
ments were agreed to and the bill passed. 

Mr. Fowle, from' the same,, reported adversely, the bill, ISTo*. 
8, concerning Sheriffs. 

The bill was read the second time and laid upon the table* 
• On motion of Mr. Love 

Ordered, That a message be sent to the Senate stating that 
the House pitoposes to go into an election of Solicitor for the 
7th Judicial Circuit at 1 o'clock to-day. 

Received from the Governor, by his Private Secretary, Mr. 
R. H. Battle, a message, transmitting the Report of the 
President, Directors and Superintendent of the Insane Asylum. 

Ordered, That it be sent to the Senate with a message 
stating that the House proposes to print said Reports. 

Mr. "Wallen presented the following resolution : 

Resolved, That the Committee on Internal Improvements 
be instructed to inquire into the propriety of authorizing the' 
Governor to employ slaves on works of Internal Improve- 
ments in the State. 

Mr. Waddell introduced a resolution, jSTo, 26, to enable the 
Governor to employ and impress slave labor on State defences. 
Read first time, passed and referred to the Judiciary Com- 
mittee. 

On motion of Mr. Shober, 

Ordered, That a message be sent to the Senate, stating that 
the House proposes at 12 o'clock to-day to go into an election: 
of Comptroller, and that C. H. Brogden is in nomination for 
that office. 



1SG2~'GS.] HOUSE JOURNAL. ^ 

On motion of Mr. Amis, a letter of Thos. S. Hoskins rela- 
tive to the election of Commoner from Chowan county WM 
referred to the Committee on Privileges and Elections. 

Mr. Greene introduced a resolution, IS'o. 27, in favor of 
John Blajlock. Read first time, passed and referred to tho 
Committee on Claims. 

Mr. Russ, a resolution, No. 25, in favor of Benjamin i*itz- 
randolph. Read first time, passed and referred to the Com-' 
mittee on Claims. 

Mr. Toy, a bill, ]Sro.28, to raise 10,000 troops for the defence 
of JSTorth Carolina. Read first time, passed and referred to 
the Committee on Military Afi'airs, and ordered that it be 
printed. 

Mr. Toy moved to suspend the rules that the bill might be 
read the second and third times. 

Which motion was not agreed to. 

Mr. Henry, of Jlenderson, introduced a bill, Xo. 28, in rela- 
tion to costs in suits at Law and Equity. Read first time, 
passed and referred to the Judiciary Committee. 

On motion of Mr. Fowle, the rules were suspended and the 
bill No. 7, concerning the purchase of provisions was placed 
upon its second and third readings. 

Mr. Fowle presented a substitute for the second section, 
which was agreed to. 

Mr. Shepherd offered an amendment to strike out " $200,- 
000," and insert §500,000, which was agreed to. 

Mr. Waddell ofi'ered an amendment, to authorize the Gov- 
ernor to compel Railroad Companies to carry the freight, 
which was agreed to. 

On motion of Mr. Cowles, the vote by which Mr. Fowle'a 
amendment was agreed to was reconsidered. 

Received from the Senate a message, agreeing to the pro- 
position to go into an election of Comptroller at 12 o'clock 
to-day. 

Ordered, That Messrs. Kelly and Grier constitute our part 
of the committee to superintend said election^ 



U ■■ HOUSE JOURNAL. [SeBsioa 

The hour set apart for the election having arrived, the 
House proceeded to vote. 

Those who voted for Mr. Bkogden, are : 

Messrs. Speaker, Allison, Albritton, Alford, Amisy 
Avera, Bernhardt, Beall, Beam, Benbury, Best, Brown, Brj- 
an, Bryson, Burapass, Burgin, Carpenter, Cobb, Cowlea, 
Craig, Crawford, Davenport, Dunn, Fleming, Flynt, Fowle, 
Fo}^, Gentry, Gilliam of Kockingham, Glenn, Greene, Grier, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 
Harrison, Hawes, Henry of Henderson, Headen, Hodges, 
Hooper, Howard, Horton, Ingram, Judkins, Keener, Kelly, 
Kerner, Kirby, Laws, Lemmonds, Logan, I-ong, Love, Lyle, 
Mann of Pasquotank, Manning, McCormick, McKay, Mc- 
Heill, McRae, Nissen, Parks, Peebles, Perkins, Eeynolds, 
Richardson, Riddick, Rives, Rhodes, Robbins, Robinson, Russ, 
Russell of Brunswick, Shepherd, Sherwood, Shober, Spruill, 
Stancill, Waddell, Wallen, Walser, Woodall, Worth, Young 
of L'edell, and Young of Yancey — 88. 

The consideration of the bill concerning the purchase of 
provisions was resumed. 

On motion of Mr. Worth the bill and amendments were 
recommitted to the Select Committee. 

Mr. Foy introduced a bill, No. 30, concerning Patrol. 
Read .first time, passed and referred to the Committee on 
Military Affairs. 

Mr. Walaer, a bill, No. 29, for the relief of the sick and 
•wounded soldiers in the army Read first time, passed and 
referred to the Committee on Propositions and Grievances. 

Mr. Kelly, from the Committee to superintend the election 
of Comptroller, reported that the whole number of votes cast 
is 129, of which C. H. Brogden received 129, and is therefore 
declared elected. 

On motion of Mr. Shepherd the rules were suspended and 
the bill, No. 12, to incorporate the Macon County Leather 
Company was taken up and passed its third reading. 

Leave of absence was granted Mr. Avera until Tuesday 
next. 



l.862-'63.] HOUSE JOURNAL. 25 

Received from the Senate a message agreeing to the pro- 
position to go into an election for Solicitor of the 7th Circuit. 

Ordered^ That Messrs. Lyle and Nissen be the committee 
to superintend the election. 

The hour of one o'clock having arrived the House pro- 
ceeded to vote. 
^ Those who voted for Mr. Merrimon, are : 

Messrs. Speaker, Allison, jilbritton, Alford, Amis, 
Avera, Bernhardt, Barringer, Beall, Beam, Best, Bond, 
Brown, Bryan, Brjson, Bumpass, Burgin, Carpenter, Cobb, 
Cowles, Craig, Crawford, Davenport, Dunn, Fleming, Mjnt, 
Fowle, Foj, Gentry, Gilliam, Glenn, Greene, Grier, Grissom, 
Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, 
Hawes, Henry of Henderson, Headen, Hooper, Howard, Hor- 
ton, Ingram, Judkins, Keener, Kelly, Kerner, Kirby, Laws, 
Lemmonds, Logan, Long, Love, Lyle, Mann of Hyde, Mann 
of Pasquotank, Manning, McCormick, McKay, McNeill, 
McRae, Nissen, Parks, Peebles, Perkins, Reynolds, Richard- 
son, Riddick, Rives, Robbins, Robinson, Russ, Rnssell of 
Brunswick, Shepherd, Sherwood, Shober, Smith, Spruill, 
Stancill, Waddell, Wallen, Walser, Wellborn, Woodall, 
Worth, Young of Iredell, and Young of Yancey — 89. 

On motion of Mr. Cowles, 

Ordered^ That a message be sent to the Senate proposing 
to go immediately into an election of Solicitor for the 1st 
Judicial Circuit, and stating that Mr. Jesse J. Yeates is in 
nomination for that office. 

Mr. Lyle, from the committee to superintend the election 
of Solicitor for the 7th Circuit, reported that the whole num- 
ber of votes cast was 127, of which Mr. Merriman received 
127, and is therefore declared elected. 

Received from the Senate a message stating the agreement 
of that body to the proposition to go immediately into an 
election ot Solicitor for the 1st Circuit. 

Ordered, That Messrs. Riddick and Spruill be the commit- 
tee on the part of the House to superintend the election. 

The House then proceeded to vote : 



26 HOUSE JOURNAL. [Session 

The following members voted for Mb. Teates : 

Mesars. Speaker, Allison, Albritton, Alford, Amis, Avera, 
Bernhardt, Barriuger, Eeall, Beam, Benburj Best, Brown, 
Bryan, Bryson, Burgin, Carpenter, Cowles, Craig, Crawford, 
Davenport, Dunn, Fleming, Fljnt, Fowle, Foj, Gentry, Gil- 
liam of Ilockingham, Glenn, Greene, Grier, Grissom, Hamp- 
ton, Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, 
Henry of Henderson, Hodges, Hooper, Howard, Horton, 
Ingram, Judkins, Keener, Kelly, Kerner, Kirby, Lf^ws, Lera- 
monds, Logan, Long, Love, Lyle, Mann of Pasquotank, Man- 
ning, McCormick, McKay, McNeill, McRae, iNissen, Parks, 
Peebius, Perkins, Reynolds, Richardson, Riddick, Rives, 
Rhodes, Robbins, Robinson, Russ, Rnssell of Brunswick, 
Shepiierd, Slierwood, Smith, Spruill, StancilT, Waddell, Wal- 
len, Walser, Wellborn, "Worth, Young of L-edell, and Young 
of Yancey — 85. 

Ordered^ That Messrs. Waddell, Logan, Grier, Bryan, and 
Judkins, constitute our part of the Committee on Firolled 
Bills. 

Mr. Riddick from the committee to superintend the elec- 
tion of Solicitor, reported that the wlioLi number of votes 
cast was 125, of which Mr. Yeates had received 125, and is 
therefore elected. 

Received from the Senate, a message transmitting an en- 
grossed resolution entitled "A resolution prohibiting the 
transportation of articles of prime necessity beyond the limits 
the State." 

This resolution was read lirst lime and passed. 

On motion of Mr. Shepherd, the rules were suspender and 
the resolution was read the second time. 

Mr. Amis presented an amendment, which was agreed to. 

The resolution was further amended by motions f»f Messrs. 
Peebles and Cowles. 

The resolution then passed its second and third readings. 

Ordered^ Tliat a message be sent to the Senate transmitting 
the resolution and amendments, and asking agreement of that 
body to the same. 



'1862-'63.] HOUSE JOURNAL. 27 

Received from the Senate, a message agreeing to the 
amendments proposed by the House to said resohition. 

On motion of Mr. Mann, 

Ordered^ That tlie resolution be printed and four copies of 
it sent to each Sheriff in the State. 

The resohition entitiled, " A resolution to prohibit the trans- 
portation of articles of prime necessity beyond tlie limits of 
the State," was then ratified. 

The House adjourned until Monday 11 o'clock. 



MOI^DAY, ISTovEMBEK 24, 1862. 

Mr. Hooper presented a memorial from citizens of Catawba 
county, against the distillation of liquor. Read and referred to 
Committee on Propositions and Grievances. 
"'■ The following members appeared, presented their creden- 
tials and were qualified in accordance with the law: 

Hertford J. B. Yann, 

'Anson R. H. Burns. 

Mr. McCormick introduced the following resolution : 

Whekeas, The State of North- Carolina has assumed the 

entire control of the Cape Fear and Deep River Slack Water 

Navigation, and said work not being in a condition to be of 

"^any benefit to the State or the citizens in the vicinity, but on 

the contrary a nuisance ; 

liefiolved, That the Committee on Internal Improvements 
be instructed to inquire into the expediency and practicability 
of appropriating an amount of money sufficient for the })er- 
manent completion of said work from Worthington's Ferry in 
Harnett county, to the town of Faj^etteville, or abandon said 
work and give the citizens in the vicinity the privilege to 
remove the obstructions in said river between the above 
named points, and report by bill or otherwise. 

Mr. McAden introduced resolutions, No. 32, of thanks to 
the officers and soldiers of North- Carolina in the array. Read 
first time and passed. 



28 HOUSE JOURNAL. [Session 

Ou motion of Mr. McAden, the rules were suspended and 
the resohitions passed their second and third readings. 

On motion of Mr. Cowles, the select committee to whom 
was referred the bill concerning the purchase of provisions, 
was allowed to sit during the session of the House. 

On motion of Mr. Shepherd, 

Ordered^ That a message be sent to the Senate, stating that 
the House proposes to raise a joint select committee of five in 
this House, and three in the Senate, to whom shall be refer- 
red so much of the Governor's message as relates to a modi- 
fication of the act of the last General Assembly entitled "An 
act to change the rules of pleading." 

Received from His Excellency, Governor Yance, by his 
Private Secretary, Mr. R. H. Battle, a message transmitting 
the reports of certain Railroad Companies. 

Ordered^ That the message and documents be sent to the 
Senate with a message stating that the House propose to print 
the same. 

Mr. Walser introduced a bill, ISTq. 33, for the relief of the 
wives and families of soldiers. Read first time, passed, and 
referred to the Judiciary Committee. 

Mr. Manning, a bill, No. 34, in reference to taxes and the 
liability of Sheriffs. Read first time, passed, and referred to 
the Judiciary Committee. 

Received from the Senate a message stating that the Sen- 
ate agrees to the proposition to raise a joint select committee 
on the " Act to change the rules of pleading." 

Ordered^ That Messrs. Shepherd, McAden, Keener, Har- 
ris, of Cabarrus, and Howar(|, constitute our part of said com- 
mittee. 

Mr. Shepherd introduced a bill, No. 35, in reference to 
work houses. Read first time, passed and referred to the 
Committee on Propositions and Grievances. 
• Mr. Lemmonds, a bill No. 36, to call free persons of color 
into the service of the State for labor. Read first time, 
passed and referred to the Committee on Military Affairs. 

Mr. Keener, a resolution, No. 37, in favor of Wm. H. Bry- 



1862-'63.] HOUSE JOUENAL. Sfgf^- 

son. Read first time, passed and referred to the Committee 
on Clierokee Lands. 

Keceived from the Senate a message transmitting an 
engrossed resolution in favor of Philip G. Smith. Read first 
time and passed. 

On motion of Mr. Richardson, the rules were suspended 
and -the resolution passed its second and third readings. 

Mr. Gentry introduced a bill, Wo. 38, to abolish the office 
of Superintendent of Common Schools. Read first time, 
passed and referred to the Committee on Education. 

Received from the Senate a message stating that the Sen- 
ate proposes to go into an election for Superintendent of 
Common Schools at ^ past 12 o'clock to-day and that C, H. 
Wiley has been nominated for that office. 

To which proposition .the House agreed. 

Mr. Fowle from the Select Committee on the bill concern- 
ing the purcljase of Provisions, reported the bill with a sub- 
stitute. 

The bill was placed on its second reading, and the question 
being on the agreement of the House to the substitute of the 
committee. 

."'Mr. Beali presented an amendment to the substitute : 
"That the provisions also be delivered to the Agent of any 
county which may have appropriated money for the poor." 
Which was agreed to. 

Mr. McKay presented an amendment making the sum 
appropriated $1,000,000 instead of $500,000. Which was 
not agreed to. • 

The bill then passed its second reading, and the rules being 
suspended, was read the third time. 

Mr. Peebles presented an amendment, that the provisions 
should not be purchased from any one who had speculated, 
and that an affidavit should be filed to that effect. Which 
was not agreed to. 

y Ordered, That Messrs. Walser and Yann constitute a com- 
mittee to superintend the election of Superintendent of Com- 
mon Schools. 



30 HOUSE J"0TJR:N"AL. [Sesslou 

Tlie honr of half past twelve having arrived the House pro- 
ceeded to vote. 

Tl\e following members voted for M. Wiley : 

Messrs. Speaker, Allison, Albritton, Amis, Bernhardt, 
Barringer, Beall, Beam, Berrj, Best, Brown, Bryan, Bryson, 
Bnnipass, Burgin, Burns, Carpenter, Craig, Davenport, Davis, 
Fleming, Flynt, Fowle, Foy, Gilliam of Rockingham, Glenn, 
Greene, Gri«r^ Grissora, Hampton, Harris of Cabarrus, Har- 
ris of Chatham, Harrison., Hawes, Henry of Henderson, 
Headen, Hooper, Howard, Horton, Ingram, Judkins, Keener, 
KeDy, Kerner, Kirby, Laws, Lemmonds, Logan, Long, Love, 
Lyle, Mann of l?*asqr.otank. Manning, McAden, McCormick, 
McKay, MtiNeill, McRae, Nissen, Parks, Peebles, Person, 
Reynolds, Richardson, Riddick, Rhodes, Robbins, Robinson, 
Rues, Russell of BrunsAvick, Russell of Craven, Sheplierd, 
Sherwood, Shober, Smith, Stanford, Stancill, Yann, Waddell, 
Wallefl) WaTser, Watson, Wellborn, Woodall, Worth and 
Ton ng of L'edell — 86. 

!Mr. Cowles voted for J. B. Johnson. 

Tlie consideration of the bill concerning the purchase of 
provisions was resumed. 

Mr. Cowles presented an amendment that said provisions 
should not be sold to commissioned officers or their families. 
Which was not agreed to. 

Gn motion of Mr. Shober, the bill, first line sec. 3, was 
amended by inserting the word " indigent" before the word 
" families." 

The bill then passed ite third reading. 

Mr. Walser, from the committee to superintend the elec- 
tion, reported that the whole number of votes cast was 12,0, 
of which Mr. Wiley received 119 and Jos. B. Johnson 1, Mr. 
Wiley is therefore declared elected. 

The " resolution to purchase the Ordinances of the Con- 
vention " was approved and signed by the Speaker. 

On motioUj the House adjourned yntil to-morrow 11 o'cloek. 



1862-'G3.] HOUSE JOURNAL. 31 

TUESDAY, NovEMBBK 25, 1863. 

The following members appeared, presented their cr&den^ 
tials, and were qualified in accordance with the lavv- : 

Beaufort R. S. Donuell, 

Lincoln A. Costner. 

Mr. Burgin, from the Committee on Claims, reported favor- 
ably a resolution, No. 25j in favor of Benj. Fitzrandolph. 

The resolution was then read the second time and passed. 

Mr. Burgin, from the same committee, reported favorably 
» resolution, Noj 27, in favor of John Blaylock. 

The resolution was read the second time and passed. 

Yiw Cowles, from the Committee on Private Bills, reported 
the following bills, and recommended that the same do pass : 

A bill, No, 15, concerning Justices of Johnston county. 
Read second time and passed. 

A bill, No. 18. to authorize the Magistrates of Chatham 
county to levy tax for the purpose of working public roads. 
Read second time and passed. 

A bill, No. 16, in favor of John Fisher. Read second time 
and passed. 

Mr. Fleming, from the Judiciary Comraitteo, reported the 
♦bill, No. 9, to prohibit the distillation of spirituous liquors 
from grain and a substitute. 

.Ordered^ That the substitute be printed. 

Mr. Shober, from the Judiciary Committee, reported a rea- 
olutibn concerning taxes of 1863, and asked that they be 
discharged from its further consideration. 

On motion of Mr. Shober, the same was referred to the 
;Committee on finance. 

On motion of Mr. Manning, the bill concerning taxes was 
withdrawn from the consideration of the Judiciary Committee 
and referred to the Finance Committee. 

Mr. Fowle, from the Judiciary Committee, reported favor- 
ably a bill, No. 22, in relation to the salaries. of Jud^-es of tlie 
Superior Court. 

The bill was read the secend time. 



32 HOUSE JOUENAL. [Session 

On motion of Mr. Shepherd, it was amended and then 
passed. 

Mr. Gentry, from the Committee ()n Cherokee Lands, re- 
ported favorably a bill, 'No. 20, to refund purchase money in 
certain cases. 

The bill was read the second time. 

Mr. Person moved to strike out the words "and interest." 
Which was not agreed to. 

The bill then passed. 

Mr. Gentry, from the same committee, reported favorably a 
resolution, No. 24, in favor of Joseph Welch. 

The resolution was road the second time and passed. 

Mr. Person, fsom the Judiciary Committee, reported ad- 
versely a bill, No. 28, in relation to costs in suits at law. 

The bill was read the second time and rejected. 

Mr. Fowle, from the Committee on Military Affairs, reported 
a resolution of instruction, proposing to raise a committee to 
visit our sick and wounded soldiers, and asked to be released 
from its further consideration. 

Mr. Fowle, from the same, reported adversely a bill, ISfo. 
2, to exempt persons over 45 years of age from military duty. 

The bill was read the second time and rejected. 

Mr. McKay, from the Judiciary Committee, reported ad- 
versely a bill, No. 21, to amend the ^th section 53d chapter 
of the Revised Code. 

The bill was read the second time, and on motion of Mr. 
Mann, was laid on the table. 

Mr. Person, from the Committee on Military Affairs, re- 
ported a resolution of instruction relating to pensions for 
soldiers wives, &c., and asked to be discharged from its far- 
ther consideration. 

Received frora the Senate a message stating that the' Senate 
proposes to go ' into an election for Secretary of State at 1 
o'clock to-day and that Messrs. J. P. II. Russ and R. H. Page 
have been nominated for that office. 

Which was agreed to. 



lS62-'63.] HOUSE JOURNAL. 3.3 

Ordered^ That Messrs. Manning and Ricliardson constitnto 
the committee on onr part to superintend said election. 

Mr. Love introduced a resolution, No. 40, in favor of the 
counties west of the Blue Ridge. Read first time, passed 
;,ind referred to the Committee on Military Afi'airs. 

Mr. Waddell presented the following resolution : 

Jlesolved^ That a message be sent to the Senate asking the 
agreement of that body to a proposition that two members be 
appointed on the part of this House and two on the part of 
the Sennte to visit Richmond, and bring to the attention of 
His Excellency, President Davis, the pressing necessity of n 
want of ti'oops to defend the coast, of North Carolina, and 
asking of him that a sufficient number of troops be transferred 
to this State for that purpose. 

"Which resolution passed. 

Ordered, That a message be sent accordingly. 

Mr. Horton presented the following resolution : 

Resolved, That the Committee on Military Affairs be in- 
structed to inquire whether all our soldiers in the service 
];ave received the bounty and pay due them. 

Mr. Mann of Pasquotank, presented a resolution. No. 41, 
in fiivor of Sheriffs. Read first time, passed, and referred to 
the Judiciary Committee. 

Mr. Foy presented the following resolution : 

Resolved, That His Excellency, the Governor, be requested 
TO furnish this House with the reports and proceedings of 
Messrs. Woodfin and Worth, agents on the part of the State 
to boil salt, and all information relative to the amount of salt 
produced and how distributed, and the extent of operations, 
?*nd expenditures to this date. 

"Which resolution was passed. 

Mr. Stanford introduced a bill, No. 42, in favor of Tlios. J. 
Carr, late Sheriff of Duplin. Read first time, passed, and 
referred to the Committee on Propositions and Grievances. 

Mr. Logan a bill, No. 43, to authorize C. M. Green, late 
Sheriff of Cleveland, to collect arrears of taxes. Read ^x^i 
time, passed, and referred to Committee on Private Bills. 
3 



^ HOUSE JOFRKAL. [Sessioa 

Mr. Burgin a bill; No. 44, to amend SSth section, 102d 
chapter of Revised Code. Read iirst time, passed, and re- 
ferred to tlie Committee on Propositions and Grievances. 

Ihe hour of one o'clock bavins^ arrived, the House pro- 
ceeded to vote for Secretary of State. 

Those who voted for Mr. Rcss, are : 

Messrs. Speaker, Allison, Albritton, Alford, Amis, Bern- 
hardt, Barringer, Beall, Benbury, Berry, Best, Bond, Bryan. 
Bryson, Burgin, Burns, Carpenter, CowJes, Craig, DonuelL 
Flynt, Fowle, Gentry, Glenn. Greene, Grissom, Hampton^ 
Harris of Cabarrus, Harrison, Hooper, Howard, Horton, In- 
gram, Kelly, Kernor, Laws. Long. Lvhj. McAden, McGor- 
mick, McNeill, McRae, Nissen, Parks, Patterson, Pearce. 
Richardson, Robbins, Rnss, Rtissell of Brunswick, Sherwood, 
Shober, Smitli, Sprnill, Wallen, Walser, Wellborn, Worth, 
Young of Iredell, :md Young of YaPcey — 50. 

Those who voted for Mr. Pagk : 

Messrs. Beam, ISrown, Bnmpass, Bynum, Costner, Craw- 
ford, Davenport, Fleming, Foy, Gilliam of Rockingham, Grier. 
Harris of Chath.am,'nawes, Henderson, Henry of Henderson- 
Ileaden, Hodges, Jndkins, Kirby, Lemmonds, Logan, Lovcr 
Mann of Pasquotank, Manning, McKay, Peebles, Person.- 
Reynolds, Rives, Rhodes, Robinson, Russell of Craven, Shep- 
l.ei-d, Stanford, Stancill, Yann and Waddell— 37, 

Mr, Keener voted ior Mr. Busgin. 

On motion of Mr. Peebles, 

Ordered, That a message be sent to tlie Senate^ stating tha't 
the House ]>roposes to go immediately into an election of 
.Judge for the 4th Judicial Circuit, and that Hon. tfohn Kerr 
is in nomination for that office. 

Mr. Manning, from the committtee to superintend tlie elec- 
tion of Secretary- of State, reported that the whole number 
'if votes were 13.t, necessary to a clnice 68, of which Mr. 
Russ had received 85, Mr. Page 41>, and Mr. Burgin 1. Mr. 
Russ is theretore declared electod. 

Received from the Senate a message, stating that the Senate 
agrees to the {)roposition to send a commission to Richmond., 



1862-'63.] HOUSE JOURNAL. 85 

Mr. McAden introduced a bill, No. 45, to raise ten thou- 
sand volunteers for the defence of the State. Read first time, 
passed, and i-eferred to Committee on Military Affairs, and 
ordered to be printed. 

On motion of Mr. Shepherd, the House went into secret 
session, to receive a private message from the Senate, 

Which being over, the House adjourned until to-morrow 
at 11 o'clock. 



WEDNESDAY, November 26, 1863. 

The member elect from the county of Surry, Joseph Hol- 
iingsvvorth, appeared presented his credentials and was qual- 
ified in accordance with the law. 

Mr. Wellborn presented a petition of & number citizens of 
Wilkes couuty, against the distillation of grain, specqlation, 
&Q. Read and referred to Judiciary Committee. 

Mr. Alford, a petition of Sally Scott, praying that she may 
choose a master and go into slavery. Read and referred to 
Committee on Judiciary. 

Mr. Allison from the Committee on Propositions and Griev- 
ances, reported a bill for the relief of sick and wounded 
^Idiers with a substitute; also, favorably with an amend- 
ment, a bill concerning Work Houses? also, favorably, a bill 
in favor of Thos. J. Oarr ; also, favorably, a bill to amend 38th 
section, 102d chapter, of Revised Code. 

Mr. McAden from the Judiciary Committee, reported, ad- 
versely, a bill for the relief of the wives and families of sol- 
diers in the army. 

Mr. Shober from the same, reported, favorbly, a resolution 
in favor of Sheriffs, 

Mr. Robbins from the same, reported a memorial of citi- 
sens of Catawba county, and ask to be discharged from its 
further consideration. 

Mr Brown presented the following resolution : 

Resolved, That the Judiciary Committee be instructed to 
examine the law as relates to the investments by guardian-; 



36 HOUSE JOURNAL. [Session 

of the funds of wards and inquire what are the defects, and 
report bj bill or otherwise. 

Received from His Excellency, Governor Vance, by his 
Private Secretary, a message transmitting the reports of 
Messrs. Woodfin and Worth, in relation to their Salt Works. 

On motion. 

Ordered^ That the documents be referred to a Joint com- 
Tnittee from Senate and House, to decide what portion of 
rhem shall be printed. 

Mr. Gentry presented the following resolution : 

Resolved^ That the Judiciary Committee be instructed to 
prepare and report a bill to give to the county of Alleghany, 
a term or terras of the Superior Com'ts of Law and Equity in 
like manner as other counties of the State have or may have. 

Mr. Williams introduced a bill, No. 46, to stimulate the 
production of provisions duritfg the war. Read first time, 
smd passed, and referred to the Committee on Finance, and 
ordered to be printed. 

Mr. Berry a bill, No. 47, to regulate the hands to work on 
tlie public roads. Ordered to be printed. 

Mr. Bryson a bill. No. 48, to incorporate the Unakoa and 
Hiawassee Turnpike Company. Read first time, passed, iind 
i-eferred to the Committee on Cherokee Lands. 

Mr. Avera a bill, No. 49, defining extortion and encour- 
aging honorable speculation. Read first time, passed, refer- 
red to the Judiciary Committee, and ordered to be printed^ 

Mr. Lyle a bill, No. 50, concerning the school fund. Read 
ifirst time, passed, and referred to the Committee on Education. 

Mr. Gentry a bill, No. 51, to extend the titles to lands here- 
tofore entered. Read first time, passed, and referred to Com- 
mittee on Cherokee Lands. 

Received from the Senate a message stating that the Sen- 
ate proposes to go into an election of Solicitor for the 5th 
Judicial Circuit, at half past twelve o^clock to-day, and that 
Messrs. R. P. Buxton, John W^. Cameron, Giles Leitch and 
Robt. Strange are in nomination.. 

Which proposition was agjeed to. 



XS62-'63.] HOUSE JOURNAL. 37 

On motion of Mr. Shepherd, the bill in relation to the sal- 
aries of Judges of the Superior Courts was taken up and read 
the third time. 

The question being shall this bill pass its third reading, it 
was decided in the affirmative — Yeas 50, Nays 46. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative, are : 

Messrs. Allison, Amis, Barringer, Beall, Beam, Benbury, 
Best, Bryan, Bryson, Burgin, Burns, Davis, Fleming, Fowle, 
Greene, Grissom, Harris of Carbarrus, Henderson, Henry of 
Henderson, Headen, Hodges, Howard, Kelly, Love, Mann of 
Pasquotank, Ingram, Joyner, Judkins, Keener, Lyle, Mc- 
Aden, McCormick, McKay, McNeill, McEae, Parks, Peebles, 
Person, Richardson, Biddick, Bobbins, Buss, Bussell of Bruns- 
wick, Shepherd, Shober, Stanford, Waddell, Wallen, Williams 
and Worth —50. 

Those who voted in the negative, are : 

Messrs. Albritton, Alforu, Avera, Berry, Brown, Bumpass, 
Bynum, Carpenter, Carson, Costner, Cowles, Craig, Crawford, 
Davenport, Foy, Gentry, Gilliam of Rockingham, Glenn, Grier, 
Hampton, Harris of Chatham, Harrison, Hawes, Hollings- 
worth. Hooper, Horton, Kerner, Kirby, Laws, Lemmonds, Lo- 
gan, Long, Manning, Patterson, Reynolds, Rives, Rhodes, Rob- 
inson, Russell of Craven, Stancill, Vann, Walser, Watson, 
Wellborn, Young of Iredell, and Yomig of Yancey — 46. 

The hour of half past twelve having arrived, the time set 
apart for the election of Solicitor for the fifth Circuit : 

Ordered^ That Messrs. Harris of Chatham, and Kelly con- 
stitute our part of the committee to superintend said election. 

The House then proceeded to vote. 

The following members voted for Mr. Buxton : 

Messrs. Speaker, Allison, Alford, Amis, Berry, Bryan, Bry- 
son, Burgin, Carpenter, Craig, Davis, Glenn, Harrison, Hen- 
ry of Henderson, Joyner, Kerner, Laws, Long, Lyle, Mc- 
Aden, McCormick, Parks, Bobbins, Russell of Brunswick. 



;^8 HOUSE JOlTRlSrAL. [Session 

Smith, Wallen, Walser, Watson, Young of Iredell, and Young 
of Yancey — 30. 

The following voted for Mr. Cameron r 

Messrs. Albritton, Barringer, Best, Burns, Cowles, Flynt, 
Fowle, Gentry, Greene, Hampton, Harris of Cabarrus, Harris 
of Chathamj Headen, Howard, Horton, Ingram, Judkins, 
Ivelly, Nissen, Patterson, Richardson, Sherwood, Spruill^ 
Waddell, Wellborn and Worth~26. 

The following for Mr. Leitch : 

Messrs. Bernhardt, Beall, Grissom, Mann of Pasquotank, 
McNeill and McRae— 6. 

And the following for Mr. Strange : 

Messrs. Beam, Benbury, Brown, Bumpass, Bynum, Cost- 
ner, Crawford, Davenport, Fleming, Poy, Gilliam of Rocking- 
ham, Grier, Hawes, Henderson, Hodges, Hooper, Keener, 
Kirby, Lemmonds, Logan, Love, Manning, McKay, Peebles, 
Person, Reynolds, Rives, Rhodes, Robinson, Russ, Russell 
of Craven, Shepherd, Stanford, Stancill, Yann and Wil- 
liams — 36. 

Mr. Kerner moved that a message be sent to the Senate 
proposing to go into an election of two Engrossing Clerks. 
Not agreed to. 

Mr. Keener introduced a bill, No. 52, to extend the provi- 
sions of the 8th section of 45th chapter of Revised Code. 
Read first time, passed and referred to the Judiciary Com- 
mittee, 

Mr. McKay, a bill. No. 53, to define and punish extortion 
and for other purposes. Read first time, passed and referred 
to the Judiciary Committee. 

Received from the Senate a message, stating that the Sen- 
ate proposes to go forthwith into an election of two Engross- 
ing Clerks. 

Which proposition was not agreed to. 

Mr. Kelly from the committee to superintend the election 
of Solicitor, reported that the whole number of votes cast was 
140, necessary to a choice 7l, of which Buxton received 36, 
Mr. Cameron 34, Mr. Leitch 18, and Mr. Strange 62. No 



|862-'63.] HOUSE JOURNAL. m 

vijiie having received a sufficient number of votes there was 
no election. 

Mr. William-^ introduced a bill, No. 54, to suppress extor- 
tion. Read lirst time, passed and referred to the Judiciary 
Committee. 

Received from the Senate a message, stating that the Sen- 
ate pfoposes to go fortliwith into an election of Solicitor for 
^he 5th Judicial Circuit. 

Which proposition was agreed to. 

Ordered, That Messrs. Sherwood and Love constitute the 
committee on our part to superintend said election. 

The House then proceeded to vote. 

The following members voted for Mr. Buxton: 

Messrs. Speaker, Allison, Alford, Amis, Avera, Berry, 
Sryan, Brysou, Burgia, Carpenter, Craig, Davis, Grissom, 
Harrison, Henry of Henderson, Holiirigsv/orth, Joyner, Keen- 
aer, Kerner, Lavv's, Lyle, McAden, McCormick, Nissen, 
Pearce, Robbins, Sherwood, Smith, Wallen, Walser, Watson, 
Young of Iredell, Young of Yancey, Russell of Brunswick, 
and Glenn — So. 

The following for Mr. CAifEsoN ; 

Messrs. Albritton, Bernhardt, Barringer, Best, Burns, 
Gowles, Flynt, Fowle, Gentry, Greene, Hampton, Harris of 
Cabarrus, Harris of Chatham, Headen, Howard, Horton, 
Ingram, Judkins, Kelly, Patterson, Ilieliardson, Riddick^ 
Sprnill, Waddell, Welborn and Worth — 26. 

The followius for Mr. Stsange : 

Messrs. Beam, Benbury, Brown, Bumpass, Bynum, Costner, 
Crawford, Davenport, Fleming, Foy, Gilliam of R., Grier, 
Hawes, Henderson, Hodges, Hooper, Kirby, Lemnionds, Lo- 
gan, Long, Love, Manning, McKay, Peebles, Person, Rey- 
nolds, Rives, Rhodes, Robinson, Russ, Russell of Craven, 
Shepherd, Stanford, Stancill, Vann and Williams — 36. 

And the following for Mr. Leitch : . 

Messrs. Beall, Maun of Pasquotank, McRae and McNeill — 4. 

Received from the Senate a message stating that the Sen- 
;4.te. proposes to go into an eleption of Judge for the 4th Judi- 



40 HOUSE JOURNAL. [Sessioo 

cial Circuit, at half past one o'clock, and that lions. 11. B. 
Gilliam and John Kerr, and R. P. Dick, Esq., are in nomina- 
tion for that office. 

To which proposition the Honse agreed. 

The hour named being present, 

Ordered^ That Messrs. Cowles and Foy be the committer 
on the part of the House to superintend the election. 

The House then proceeded to vote. 

The following members voted for Mr. Dick : 

Messrs. Alford, Avera, Barringcr, Bryson, Burgin, Burns, 
Carpenter, Cowles, Craig, Flynt, Fowle, Gentry, Glenn., 
Greene, Hampton, Henry of Henderson, Headen, Hollings- 
worth, Howard, Horton, Kelly, Lyle, McCormick, McKeili., 
McBae, Parks, Rid dick. Bobbins, Sherwood, Smith, Sprnill., 
Vann, Wallen, Watson, Wellborn, Worth and Young of Ire- 
dell— 37. 

The following for Mr. Kerr : 

Messrs. Harrison, Long, Lemmonds and Reynolds. — 4. 

And the following for Mr. Gilliam : 

Messrs. Allison, Albritton, Amis, Bernhardt, Beah, Beam, 
Benbury, Berry, Best, Brown, Bryan, Bumpass, By num. 
Costner, Crawford, Davenport, Davis, Fleming, Foy, Gilliam 
of Rockingham, Grier, Grissom, Harris of Cabarrus, Harris of 
Chatham, Hawes, Plenderson, Hodges, Hooper, Ingram, Jov- 
ner, Judkins, Keener, Kerner, Kirby, Laws, Logan, Love, 
Mann of Pasquotank, Manning, McAden, McK»y, Nisseu, 
Patterson, Pearce, Peebles, Person, Richardson, Rives, 
Rhodes, Robinson, Russ, Russell of Brunswick, Russell of 
Craven, Shober, Stanford, StanciJJ, Waddell, Walser, Wil- 
liams and Young of Iredell — ^0. 

Mr. Sherwood from the committee to superinted the elec- 
tion of Solicitor, reported that no one having received the 
number of votes required, there is no election. 

Received from the Senate a message stating that the Sen- 
ate proposes to go forthwith into an election of Solicitor for 
the 5th Judicial Circuit. 

Which proposition was agreed to. 



15G2-'63.] HOUSE JOITKNAL. 41 

Ordered^ That Messrs. McCormick and Stancill be the 
committee to superintend the election. 

Mr, Cowles from the committee to superinted the election of 
Judge, reported that the whole number of votes cast was 144. 
necessary to a choice 73, of which Mr. Gilliam had received 
77, Mr. Dick 56, and Mr. Kerr 11. Mr. Gilliam is therefore 
declared elected. 

The House then proceeded to vote for Solicitor. 

The following members voted for Me. Strawge : 

Messrs. Beam, Benbury, Brown, Bumpass, Costner, Craw- 
ford, Davenport, Fleming, Foy, Gilliam," Grier, Hawes, Her- 
derson, Hodges, Hooper, Kirby, Lemmonds, Logan, Long, 
Manning, McKay, Peebles, Person, Keynolds, Rives, Ehodes, 
Eobinson, Russ, Russell of Craven, Shepherd, Stanford, Stan- 
cill and Yann— 33. 

The following for Mr. Buxton : 

Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, 
Beall, Berry, Best, Bryan, Bryson Burgin, Burns, Bynnm. 
Carpenter, Craig, Davis, Flynt, Fowle, Glenn, Grissora, Har- 
rison, Henry of Henderson, Hollingsworth, Howard, Joyner, 
Keener, Kerner, Laws, Love, Lyle, McCormick, Xissen, 
Pearce, Richardson, Riddick, Robbins, Russell of Brunswick, 
Sherwood, Smith, Walser, Watson, Williams, Young of Ire- 
dell, and Young of Yancey — 45. 

And the following for Me. Cameron : 

Messrs. Albritton, Barringer, Cowles, Gentry, Greene, 
Hampton, Harris of Cabarrus, Harris of Chatham, Headen, 
Horton, Ingram, Judkins, Kelly, Mann of Pasquotank, Mc- 
Aden, Mc]SI"eill, McRae, Patterson, Spruill, Waddell, Well- 
born and Worth— 22. 

Received from the Senate a message, stating that the Senate 
proposes iinmediately to appoint the Commission to visit Rich- 
mond. 

To which proposition the House agreed. 

Ordered,, That Messrs. Waddell and Person constitute on: 
part of said commission. 

Mr. McCormick, from the Committee to superintend the 



12 HOUSE JOURNAL. [Session 

election of Solicitor, reported that no one having received a 
majority of all the votes cast, tliere was no election. 

On motion of Mr. Burgin, 

Ordared^ That a message be sent to the Senate stating that 
the House proposes to go forthwith into an election of Solici- 
tor for the 5th Judicial Circuit. 

Received from the Senate a message, stating that the Senate 
agrees to the proposition to go forthwith into an election of 
Solicitor for the 5th Circuit. 

Ordered^ That Messrs. Wellborn and Logan be the com< 
mittee on our part to superintend said election. 

The House proceeded to vote. 

The following members voted for Mu. Cameron : 

Messrs. Albritton, Barriuger, Cowles, Harris of Cabarrus, 
Harris of Chatham, Headen, Ingram, Judkins, Kelly, Mann 
of Pasquotank, Patterson and Waddell— 12, 

The follow'ing for Mk. Buxton : 

Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, 
Beall, Beam, Berry^ Best, Bryan, Bryson, Bumpass, Burgin, 
Burns, Bynum, Carpenter, Costner, Craig, Davis, Flyut, 
Fowle, Foy, Gentry, Glenn, Grissom, Hampton, Harrison, 
Henry of Henderson, HoUingsworth, Hooper, Howard, Hor- 
tou, Joyner, Keener, Kerner, Laws, Long, Love, Lyle, Me- 
Aden, McCormick, McNeill, McBae, Nissen, Parks, Peebles, 
Richardson, Riddick, Rives, Rhodes, Robbins, Rnss, Russell 
of Brunswick, Sherwood, Smith, Stanford, Wallen, Walser, 
Watson, Wiellborn, Williams, Worth, Young of Iredell and 
Young of Yancey — 65. 

And the following for Mr. Steangf: : 

Messrs. Benbury, Brown, Crawford, Davenport, Fleming, 
Gilliam, Grier, Hawes, Henderson, Hi>dges, Ivirby, Lem- 
monds, Logan, Manning, McKay, Person, Reynolds, Robin- 
son, Russell of Craven, Sheplierd, Shober and Stancill— 22. 

Ordered., That Messrs. Amis and Peebles serve upon the 
Finance Committee in place of Messrs. Donnell and Holmes. 

Mr. Peebles desired to be relieved from serving on the 
Finance Committee, 



1862-'63.] HOUSE JOUKNAL. 48 

Ordered^ That Messrs. Amis and Peebles be relieved from 
serving on said committees, and that Mr. Brown take the 
place of Mr. Peebles, and Mr. Patterson that of Mr. Amis. 

Mr. Love desired to be relieved from serving on the Com- 
mittee on Cherokee Lands. 

Ordered^ That Mr. Love be relieved from duty on said 
committee, and that Mr. Keener take his place. 

On motion of Mr. Mann, of Pasquotank, 

The House adjourned until to-morrow 10 o'clock. 



THUHSDAY, November 27, 1862. 

Mr. E. L. Mann, member elect from Iljde count}'', ap- 
peared, presented his credentials, and was qualified in ac- 
cordance with the law. 

Mr. Logan, from the committee to superintend the election 
of Solicitor for the 5th Judicial Circuit, reported that the 
whole number of votes was 141, necessary to a choice 71, of 
which Mr. Buxton received 82 votes, Mr. Strange 39, and 
Mr. Cameron 20, Mr. Buxton is therefore declared elected. 

Mr. Fowle, from the Committee on Military Affairs, reported 
favorably, with amendments, H. JSTo. 11, a bill to authorize 
the Governor to employ slave labor on State defences. 

Mr. Person introduoed resolutions declaring our separation 
from the United States final, and sustaining President Davis 
and Governor Vance. Read first tinffe and passed. 

On motion of Mr. Shepherd, the rules were suspended and 
the resolutions passed their second and third readings. 

Mr. Russ introduced a bill, No. 56, concerning Justices of 
the Peace in Bladen county. Read first time and passed. 

On motion of Mr. Russ the rules were suspended and the 
bill passed its second and third readings. 

Mr. Hawes introduced a bill, ISTo, 57, to repeal 1st, 2d and 
3d sections of 102d chapter of the Revised Code. Read first 
time, passed and referred to the Judiciary Committee. 



U HOUSE JOURNAL. [Sessiou 

On motion of Mr. Watson : 

Ordered, That a message be sent to the Senate, stating that 
the House proposes to raise a joint select committee of three 
upon its part and two on the part of the Senate, to whom 
shall be referred that portion of the Governor's message which 
refers to the imprisonment at Salisbury of citizens by Con- 
federate authority. 

Leave of absence was granted Mr. Kirby until Monday 
next; to Mr. Fleming for the same time ; to Mr. Russ until 
Tuesday, and to Mr. Albritton for ten days. 

Mr. Fowle desired to be relieved from serving on the 
Committee on Military Affairs. 

Ordered, That Mr. Fowle be relieved and that Mr. Gris- 
sora take his place on said committee. 

H., No. 11, a bill to authorize the Governor to employ 
slave labor on State defences was read the second tim^. 

The committee amendments were agreed to ; the bill then 
passed, yeas 33, nays 30. 

On motion of Mr. Peebles, the bill as amended was ordered 
to be printed. 

A bill. No. 29, for the relief of sick and wounded, soldiers 
in the army was considered and recommitted. 

On motion of Mr. Burgin, 

Ordered, That a message be sent to the Senate stating that 
the House proposes to go into an election of C. S. Senator at 
1 o'clock to-day and that Hon. Wm. A. Graham is in nomi- 
nation for that office. 

On motion of Mr. Peebles the name of Hon. George Davis 
was added thereto. 

On motion of Mr. Donnell, 

Ordered, That a message be sent to the Senate stating that 
the House proposes to go forthwith into an election of solici- 
tor for the 2nd Judicial Circuit, and that C. C. Clark, Esq., 
is in noinination. 

On motion of Mr. Foy, the name of Wm. J. Houston was 
added. 

Mr. Amis desired to be relieved from serving on the Com- 
mttee on Privileges and Elections. 



1862-63.] HOUSE JOURNAL. 4.5 

Also, on motion of Mr. Russell of Craven, the name of 
George Green, Esq. 

Received from the Senate, a message stating that the 
Senate agrees to the proposition to go forthwith into an elec- 
tion of Solicitor for the 2nd Circuit, and that Thos. Sparrow, 
Esq., has been nominated in that body. 

Ordered^ That Messrs. Robbing and Foy constitute our 
part of the committee to superintend said election. 

The House then proceeded to vote. 

The following members voted for Mr. Houston : 

Messrs. Beam, Brown, Bumpass, Bynum, Cobb, Costner, 
Crawford, Davenport, Foy, Gilliam, Grier, Hawes, Headea, 
Hodgee, Hooper, Kirby, Lemmonds, Logan, Long, Love, 
Manning, McKay, Peebles, Person, Reynolds, Rives, Robin- 
son, Rnss, Shepherd, Stanford, Stancill, Yann and Wil- 
liams — 33. 

Mr. Russell of Craven, voted for Mr. Gkeene 

And the following for Mr. Clakk: 

Messsrs. Speaker, Allison, Albritton, Alford, Amis, A vera, 
Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, 
Bryson, Burgin, Burns, Carpenter, Cowles, Craig, Davis. 
Donnell, Dunn, Flynt, Fowle, Gentry, Glenn, Greene, Gris- 
som, Hampton, Harris of Cabarrus, Harris of Chatham, Hen- 
derson, Henry of Henderson, Howard, Ingram, Joyner, 
Jndkins, Keener, Kelly, Kerner, Laws, Lyle, Mftnn of Hyde, 
Mann of Pasquotank, McAden, McCormick, McISTeill, McRae, 
Nissen, Parks, Patterson, Pearce, Richardson, Riddick, 
Rhodes, Robbins, Russell of Brunswick, Sherwood, Shober, 
Smith, Spruill, Waddell, Wallen, Walser, Watson, Wellborn. 
Woodall, Worth, Young of Iredell and Young of Yancey — 70. 

Received from the Senate a message, stating that the 
Senate agrees to the proposition to go into an election of 
Senator at 1 o'clock. 

Received from the Senate a message, stating that the Sen- 
ate agrees to the proposition to raise a joint committee on 
that portion of the Governor's message relating to the citi- 
zens imprisoned at Salisbury. 



46 HOtrSE JOtTRNAL. [Session 

Ordered^ That Messrs. Watson, "Worth and Shepherd con- 
stitute our part of said committee. 

Mr. Peebles presented the following resolution : 

Hesol'oed., That a committee of live be appointed by the 
Speaker, whose duty it shall be to examine into the rates 
charged for freight and travel by certain railroads, and to see 
if they are not extortionate, and if there is not some means 
of remedying the same. 

Ordered^ That Messrs. Peebles, Harris of Chatham, Stan- 
ford, Horton and HoUiugsworth be said committee. 

Mr. Fowle presented a memorial from Joseph D. Hayes. 
Head and referred to Committee on Claims. 

Mr. Foy, from the committee to superintend the election 
of Solicitor, reported that the w^hole number of votes was 147, 
necessary to a choice 74, of which C. C. Clark received 92, 
W. J. Houston 52, Geo. Green 2, and Thos. Sparrow 3. Mr. 
Clark is therefore declared elected. 

Ordered, That Messrs. Shober and Russell of Craven con- 
stitute the committee on our part to superintend the election 
of Senator. 

The House proceeded to vote. 

The following members voted for Mr. Gkaham: 

Messrs. Speaker, Allison, Albritton, Alford, Amis, Avera, 
Bernhardt, Barringer, Beall, Benbury, Berry, Best, Bryan, 
Bryson, Burgin, Burns, Carpenter, Cowles, Donnell, Flynt, 
Fowle, Gentry, Glenn, Greene, Grissoni, Hampton, Harris of 
Cabarrus, Harris of Chatham, Harrison, Henderson, Henry 
of Henderson, Headen, Hollingsworth, Howard, Horton, 
Joyner, Judkins, Keener, Kelly, Kerner, Laws, Long, Lyle, 
Maun of Hyde, Mann of Pasquotank, McAden, McCormick, 
McRae, Nissen, Parks, Patterson, Pearce, Riddick, Rives, 
Robbins, Robinson, Russell of Brunswick, Sherwood, Shober^ 
Smith, Spruill, Waddell, "Wallen, Walser, Watson, Wellborn, 
Woodall, Worth, Young of L-edell, and Young of Yancey — 70, 

And the following for Mr. Davis : 

Messrs. Beam, Brown, Bumpass, Cobb, Costner, Crawford, 
Davenport, Davis, Foy, Gilliam of Rockingham, Grier. 



lSG2-'63.] HOtrSE JOtTKNAL. 47 

Hawes, Hodges, Hooper, Kirby, Lemnionds, Logan, Love^ 
Manning, McKay, McNeill, Peebles, Person, Eeynolds, Kich- 
ardson, Ehodes, Russ, Russell of Craven, Shepherd, Stanford, 
Stancill and Williams— 32. 

Mr. Byniim vo^ed for Hon. Q. E. Badger. 

Mr. Yann voted for Hon. D. Outlaw. 

BILLS AND KE90LTJTI0NS ON THEIR THIRD READING. 

A bill, No. 15, in relation to Justices of Johnston coulityj 
was read. 

On motion, amended so that its provisions should apply to 
the counties of Pitt, Ashe, Wake, Buncombe, Henderson, 
Cleveland, Nash, Cherokee, Gaston, Davidson, Edgecombe; 
Mecklenburg, Halifax, Wayne, Wilson, Rowan, Lenoir, 
Greene, Stanly, Catawba and Caldwell. > 

The bill was then passed. 

A resolution, No. 16, in favor of John Eisher. Read and 
passed. 

A bill. No. 18, to authorise the Magistrates of Chathani 
county to levy a tax for the purpose of working roads in that 
f.'ounty. Read and passed. 

A bill. No. 20, to authorise the Agent of Cherokee Lands 
to refund purchase money in certain cases. Passed. 

Received from the Senate a message stating that the Sen- 
ate proposes to raise a joint committee whose duty shall be to 
inquire and report whether or not the Attorney General's 
and Adjutant General's offices are vacant. 

Whicli proposition was agreed to. 

On motion of Mr. Peebles, the message was amended, so 
that inquiry be instituted as to the office of Solicitor for the 
4th Judicial Circuit, 

Received from the Senate a message stating that the Sen- 
•ate agrees to the amendment to its message. 

A bill, No. 35, in reference to work houses, was read the 
second time and passed. 

A bill, No. 41, in favor of Sheriffs was read the second 
tim6 and rejected. 



48 HOUSE JOURNAL. [Session 

Mr. Shober, from the committee to superintend the election 
of a Senator, reported that the whole number of votes was 
148, of which Wm. A. Graham received 101, George Davis 
45, Geo. E. Badger 1, and David Outlaw 1. 

The following resolutions were approved and signed : 

A resolution in favor of J. "W". Alspaugh. 

A resolution in favor of W. R. Lovell. 

A resolution in favor of Philip G. Smith. 

A resolution passed in secret session. 

The House adjourned until to-morrow 11 o'clock. 



FRIDAY, November 28, 1862. 

Mr. Robbins presented a memorial from citizens of Ran- 
dolph county, praying that a tax be put on dogs, so as to 
encourage the production ot wool. Read and referred to the 
Committee on Finance. 

Ordered, That Messrs. Donnell, Shepherd, Beall, Joyner 
and Judkins constitute our part of the committee in relation 
to the offices of Adjutant General, Attorney General and 
Solicitor of the 4th Circuit. 

Mr. McKay, from the Judiciary Committee, reported with 
a substitute, H. No. 23, a bill to establish an 8th Judicial 
Circuit. 

Mr. Robbins, from the same, reported adversely H. No. 14, 
a bill to regulate the currency between debtor and creditor. 

Mr. Keener, from the Committee on Cherokee Lands, re- 
ported favorably H. No. 37, a resolution in favor of Wm. H. 
Bryson. 

Mr. Fowle, from the Judiciary Committee, reported favor- 
ably H, No. 6j a bill concerning Roads. 

Mr. McAden, from the Judiciary Committee, reported a 
:€Solution of instruction concerning the funds of wards, and 
asked to be discharged from its further consideration. 

Mr. Gentry, from the Committee on Cherokee Lands^ 



1862-'630 HOUSE JOURNAL. 49 

reported favorably, with amendments, H. No. 51, a bill to ex- 
tend the time of perfecting titles of land. 

Mr. Shober, from the Committee on Education, reported 
favorably, with amendments, H. No. 19, a bill authorizing 
the President and JJirectors of the Literary Board to elect a 
Ti'easurer. Also, adversely, No. 38, a bill to abolish thip 
office of Superintendent of Common Schools. 

Mr. Worth, for the Committee on Finance, presented ^ 
report which was ordered to be sent to the Senate. 

Mr. Davenport introduced a bill, No. 59, in favor of Wyatt, 
a free person of color. Read first time, passed, and referret^ 
to the Committee oh Propositions and Grievances. 

Mr. Cobb, a bill, No. 60, for the relief of the jailor of 
Edgecombe county. Read first time and passed. 

On motion of Mr. Peebles, the rules were suspended and 
the bill was read a second time and passed. 

The bill was road the third time and was laid on the tabJe, 
yeas 46, nays 22. 

Mr. Ingram introduced a bill. No. 61, to exempt froiTi 
execution in favor of householders fifty acres of land. Rea<J 
first time, passed, referred to the Judiciaiy Committee, and 
ordered to be printed. 

Mr. Donnell, a bill. No. 62, to provide for the probate of 
wills and granting lelters of administration when counties of 
testators are in the hands of the enemy. Read first time, 
passed and referred to the Judiciary Committee. 

Mr. Donnell, a bill, No. 63, to admit proof of handwriting 
of attesting witnesses in certain cases. Read lirst time, 
passed and referred to the Judiciary Committee. 

Received from the Senate, a message transmitting the- 
resolutions declaring our separation from the United States,' 
&c., with some amendments and asking the agreement of the 
House to the same. 

On motion of Mr. Fowle, the message and resolutions were 
laid on the table and ordered to be printed. 

On motion of Mr. Cowles, 

Ordered^ That a message be sent to the Seaate stetiiig chat 
4 



50 HOUSE JOURNAL. [Session 

the House proposes to go forthwith into an election of one 
Engrossing Clerk, and that Mr. M. John Moore is in 
nomination. 

On motion of Mr. Peebles, the name of Jos. J. Anderson 
was added. 

On motion of Mr. Rhodes, the name of Edward Tail waa 
added. 

On motion of Mr. Ingram, the name of D. G. McRae was 
also added. 

Mr. Headen introduced a bill, ISTo. 64, to encourage the 
manufacture of cotton and woolen cards. Read iirst time, 
passed and referred to the Committee on Propositions and 
Grievances. 

Mr. Bumpass, a resolution, No. 65, of instruction to our 
representatives in Congress. Read Iirst time, passed and 
referred to the Judiciary Committee. 

Mr. Walser, a bill, No. 6Q, to incorporate the Beatavilla 
Female Seminary. Read first time, passed and referred to 
the Committee on Education. 

Mr. Harrison, a bill. No. 67, to make Capital Punishments 
private. Read first time, passed and referred to the Judi- 
ciary Committee. 

A bill, No. 44, to amend 38th sectioipi 102d chapter of the 
Revised Code in relation to Jailor's Fees, v/as read the second 
time and passed. 

On motion, the rules were suspended and the bill was read 
the third time. 

On motion of Mr. Cobb, it was amended by inserting the 
words " a majority of the Justices then in the county being 
present." 

Mr. Peebles moved to amend by adding after the ratifying 
clause " that it shall cease to be in force at the end of the war." 
Not ageed to. 

The bill then passed. 

Received from the Senate a message stating that the Senate 
proposes to amend the message from the House by proposing 



1862-'63.] HOUSE J0UII:N'AL. 61 

to elect two Engrossing Clerks instead of one, and that Theo. 
II. Hill had been placed in nomination in that body. 

To the proposition, as amended, the House agreed. 

Ordered^ That Messrs. Hampton and Russell of Craven, 
constitute our part of the committee to superintend said 
iclection, 

J^eave of absence was granted to Mr. Russell of Brunswick, 
for eight days. To Messrs. Hodges, Bynum, Long, Benburj, 
Harris of Chatham, and Smith, until Monday. 

The House proceeded to vote for Engrossing Clerks. 

The following members voted for Mr. Astderson : 

Messrs. Berry, Bnmpass, Costner, Davenport, Davis, Grier, 
Henderson, Joyner, Lemmonds, Logan, Manning, McKay, 
Peebles and Robinson — 14. 

The following for Mr. Yail : 

Messrs. Cobb, Crawford, Foy, Harris of Cabarrus, Hawes, 
Rives and Rhodes — 7. 

The following for Mr. McRae ; 

Messrs. Ingram, McRae and Stancill, 

The following voted for Mr. Mooee : 

Messrs. Speaker, Allison, Alford, Amis, A^^era^ Bernhardt, 
Barringer, Beall, Beam, Benbury, Best, Brown, Bryan, Bry- 
son, Burgin, Burns, Bynum, Carpenter, Cowles, Craig, Don- 
nell, Dunn, Flynt, Fowle, Gentry, Gilliam of Rockinghair ^ 
Glenn, Greene, Grissom, Harnptpn, Harris of Cha^Jfljjm* 
Harrison, Henry of Henderson, Hcaden,Hollinswaj:cJi/Boop^ 
er, Howard, Horton, Keener, Kelly, Kerner, Laws, Lon^, 
Love, Lyle, Mann of Hyde, Mann of Pasquotank, MeAdea' 
McCormick, McNeill, Nissen, Parks, Patterson, Pearce,' 
Robbins, Russell of Brunswick, Russell of Craven, Shepherd' 
Sherwood, Shober, Smith, Spruill, Yann, Wallen, Walser' 
Watson, Wellborn, Williams, Worth, Yoan^ of Iredell, and 
Young of Yancey — 71. 

The following members voted for Mr. Hill ; 

Messrs. Speaker, Allison, Alford, Amis, Ayera, Bernhardt, 
Barringer, Beall, Benbury, Bryson, Burgin, Burns, Carpen- 
ter, Cowles, Craig, Donnell, Dunn,, Elynt,. ]Fowle, Gentry,. 



52 HOUSE JOUKNAL. [Session 

Glenn, Greene, Gn'ssom, Hampton, Harrison, Henry of Hen- 
derson, nollingsworth, Hooper, Howard, Horton, Keener, 
Kelly, Kerner, Laws, Long, Lyle, Mann of Pasqnotank, Mc- 
Aden, McCormick, MciSV>iil, McKae, Parks, Patterson, liey- 
•nolds, Ptiddick, Pobbins, Ev^ssell of Bninsu-ick, Sherwood, 
6hober, Smith, Spruiil, Stan^cill, Wallen, Walser, Watson, 
Wellborn, Woodall, Worth, Young. pf Iredell, and Yonng of 
Yancey — 70. 
• The folloM-ing for Mr, AjS^jderson.: ■ 

Messrs. Perry, Brgwn, Costner, Davenport, Pavis^, Gilliam 
of Ptickingham, Grier, Harris of Cabarrus, Henderson, In- 
gram., Joyner, Judkins, Logan, Manning, McKay, PeebieF^, 
.iiives, Bobinson, Yann and Williams— 20. 

Xhe following for Mr. Vail: 

^Jfessrs. Beam, Bumpaes, ByniiRi, ,Gpbb, Crawford, Foy, 
iHawea, Love, Mann of Hyde, Pnssell of Craven, and Shep- 
ifierd— IL . 

For Mi". Small : 

MessK6, Harris of Clijithain, and Headen — 2. 

Peceived from the Senate a message stating that the Sen- 
ate propoGQs to go forthwith into the election of Treab'urer of 
€tatc. 

Which was not agreed to — yeas 41, nays 44. 

On motion of Mr. Shepherd, the message from the Senate 
.eoncerning certain resolutions, this morning laid upon the 
table, was then taken np and considered. 

The amendments of tlie S^jiate were then agreed to. 

Mr. Hampton from the comrjriittee to superintend the elec- 
tion of Engrossing Clerks, reported that on account of some 
informality, there was no election. 

On motion of Mr. Russell, of Craven, the Hqnse then pro- 
ceeded to vote for two Engrossing Clerks : 

The following iisembers voted for Messrs. Hill sad Mookb: 

Messrs. Speaker, Allison, Alford, Amis Avera, Bernhardt, 
Barringer, Beali,Benbnry, Br^^son, Burgin, Burns,. Carpenter, 
Cowlcs, Craig, Donnell, Dunn, Flynt, Fowle, Gilliam of Rock- 
iDgham, Glsnn^ Greane, Grissom, Hampton, Harris of Chat- 



1862-'63.] HOUSE JOURNAL. 55 

ham, Harrison, Henry of Henderson, Hollingsworth, Hooper, 
HortoD, Keenei-, Kellj, Kerner, Laws, Long, Lyle, Mann of 
Pasquotank, McAden, McCormick, McNeill, McRac, Xissen , 
Parks, Patterson, Pearce, Reynolds, Riddick, Eobbins, Ru3- 
sell of .Brunswick, Sherwood, Shober, Smith, Spruiil, Vann, 
Wallen, Waliser, Watson, Wellborn, Woodall, Worth, Young 
'of L'edell, and Young of Yancey — 62. 

The following for Messrs. Mooes and Anderson : 

Messrs. B^am, Eerry, Brown, nenderson and Robinson — 5, 

The following for Messrs. Mooee and Vail ; 

Messrs. Brj'an, Hax^es and Shepherd — 3. 

The following for Messrs, ANDtEsosr and Yail: 

Messrs. Bumpass, Bynum, Cobb, Costner, Crawford, Dayen-, 
port, Davis, Grier, Lemmonds, Love, McKay, Peebles, Rives, . 
Rhodes, Manning and Foy — 16. 

The following for Messrs. Hill and Yail : 

Messrs, Harris of Cabarrus, Howard and Mann of Hyde — 3. 

And the following for Messrs. Hill and Andkrson : i 

Messrs. Ingram Joyner, Judkiris, Logan and Stancill — 5. 

Mr. Headen ?oted-for Messrs. Hill and Small. 

On motion, 

The Bouse then adjourued until tomorrow 11 o''clock. 



SATURDAY, Novembek 29, 1862. 

Mr. Hampton, from the committee to supei-intend the 
election of Engrossing Clerks, reported that the whole num- 
ber of votes cast was 130, necessary to a choice 06, of which 
Mr. Moore received 102; Mr. Hill 105; Mr. Yail 37; 
Mr. Anderson 24; Mr. Small. 1. Messrs. Ilill and Moore are 
therefore duly elected. 

Mr. McKay, from the Judiciary Committee, reported ad- 
versely, H. 57, a bill to repeal 1st, 2d and 3d sections of 
100th cliapter of the Revised Code. 

Mr. Fowle, from the same, reported favorably, H. 05, a 
resolution of instruction to our representatives in Congress ., 



54 HOUSE JOURNAL. [Session 

Mr. Shober, from the same, reported favorably^ H. 65, a 
bill to admit proof of handwritiDg of attesting witnesses ia 
certain cases. 

Mr. McAden, from tire same, II. B. 62, and ask that it be 
printed. So ordered. 

Mr. Shepherd, from the select committee on that f>ortioa 
of the Governor's Message in relation to " an act to change 
the jurisdiction of the courts and alter the rules of pleading 
therein," reported a bill, which was read first time and passed 
and ordered to be printed. * 

Mr. Kerncr introduced the following resolution : 

JRefiolved, That a commission be appointed of three from 
the House and three from the Senate whose duty it shall be 
to visit the different camps and hospitals and attend to the 
wants of our sick and wounded soldiers, and to procure dis- 
charges or furloughs for such as may need them. 

Which resolution was laid on the table. 

Mr. Shepherd introduced a bill, 69, to amend an act entitled 
"an act to enlarge the powers of the county courts to raise a 
revenue." Read first time, passed, referred io the Finance 
Committee and ordered to be printed, 

Mr. Costner, a bill, TO, for the better regulation of slaves. 
Read first time, passed and referred to the Judiciary Com- 
mittee, 

On motion of Mr. Shej)herd, tlrs rules were suspended so 
that other than private hills might be taken up to-day. 

On motion of Mr. Beali, H. 11, a bill to authorize the Gov- 
•ernor to employ slaves on State defences was taken up and 
read the third time. 

On motion, its further consideration was postponed to 
Monday 12 o'clock. 

Mr. Fowle introduced a bill, 71, to amend the charter of 
^he city of Raleigh. Read fii-st time, passed and referred tO' 
Committee on Propositions and Grievances, 

Mr. McRae, a bill, 73, to increase the pay of soldiers ia 
the service of the State Read first time, passed and referred 
to Committee on Military Affairs. 



1862-'63.] HOUSE JOURNAL. 65 

On motion of Mr. Peebles, the vote by which H. 11 was 
postponed until Monday was reconsidered. 

Mr. Peebles then offered an amendment to the bill and 
renewed the motion to reconsider, which was agreed to. 

On motion of Mr. McCormick, 

Ordered^ That a message be sent to the Senate proposing 
that the two Houses of the General Assembly adjourn sin6 
die on Monday the 22d of December next. 

Leave of absence was granted to Mr. Joyner until Monday 
next; to Mr. Love until Wednesday; to Mr. Rives until 
Friday ; to Mr. Sherwood until Tuesday and Mr. Stanford 
until Tuesday. 

Mr. Costner introduced a bill, 73, to regulate prices of 
articles of prime necessity and prices of labor. Read first 
time and passed, referred to the Judiciary Committee and 
ordered to be printed. 

On motion of Mr. Burgin, the bill, 23, to establish an 8th 
Judicial Circuit was taken up and read the second time. 

The substitute of the committee was agreed to and the 
bill passed. 

On motion of Mr. Burgin, the rules were suspended and 
the bill passed its third reading. 

H. B. 14 was made the special order for Tuesday 12 
o'clock. 

On motion. 

The House adjourned until Monday 11 o'clock. 



MONDAY, December 1, 1862. 

Leave of absence was granted Mr. Shepherd until Wed- 
nesday. 

Mr. Fowle, From the Committee on the Judiciary, repor- 
ted back the resolution of instruction concerning Alleghany 
county, with a bill to establish a Superior Court of Law and- 
Equity for that County. 

Mr. Costner introduced a resolution that the House of 



56 HOUSE JOURNAL. [Session 

Commons meet at 10 o'clock in the morning, and adjourn at' 
lialf-past one ; to meet again at four in the evening. Laid 
over under the rules. 

Mr. Russell of Craven iutrodnced a bill, No. 75, concerning 
Justices of the Peace. Read first time, passed and referred 
to Judiciary Committee. 

Mr. Donnell introduced a bill, No. 76, to prevent traffic in 
spirituous liquors near the General Military Hospital. Read 
^!rst time, passed and referred to Committee on Propositions 
afid Grievances. 

Mr. Donnell introduced a bill, No. 77, to repeal the 3d, 4th 
and 5th sections of chapter 17, of the Revised Code. Read 
^rst time, passed and referred to Judiciary Committee. 

Mr. Gentry introduced a bill, No. 78, to alter the time of 
holding the Courts of Law and Equity in the 6th Judicial 
Circuit. Read first time, passed and referred to t^ie Judici- 
ary Committee. 

Mr. Headen introduced a resolution concerning the Mints. 
K6ad first time and passed. 

Mr. Pearce introduced a bill, No. 80, to amend the 8th 
ce'ction of the 57th chapter of the Revised Code. Read first 
time, passed and referred to the Judiciary Committee. 

Mr. McRae introduced a bill, No. 81, to amend the 18th 
eection of the 46th chapter of the Revised Code. Read first 
time, passed and referred to the Judiciary Committee. 

Mr. Keener introduced a bill. No. 82, to alter the line 
I etween the counties of Jackson and Transylvania. Read 
^.rst time, passed and referred to the Committee on Proposi- 
tions and Grievances. 

Mr. Mann, from the Committee on Internal Improvements, 
reported a bill (No. 83) to surrender the State's interest in the 
Cape Fear Navigation Works, from Northington's Ferry to 
Fayetteville. Read first time and passed. 

Mr. Grissom introduced a bill, No. 84, for the relief of our 
feiek and wounded soldiers. Read first time, passed and 
referred to the Committee on Military Affairs. 

Mr. Oovjrles introduced a resohition concerning the Cqn- 



1862-'63.] HOCJSE JOURNAL. 57 

scnption Act. Read first time, passed and made the special 
order for Friday next, and ordered to be printed. 

Mr. Headen introduced a bill, No. 91, to protect the Salt 
Ty^orks. Read first time, passed and referred to the Commit- 
tee on Military Affairs. , 

Mr. Coyrles introduced a bill, No. 92, to punish horse steal- 
ing:. Read first time and passed. 

Mr. Grissom was appointed to take the place of Mr. Fowle 
on the Committee on Military Affairs, 

Mr. Beall, from the Committee on Internal Improvements, 
reported farorably H. bill, No. 17, to amend the charter of 
the Western Plank Road. 

The hour for the special order having arrived, it being H, 
bill, No. 11, to authorize the Governor to employ slaves on 
State defences. The bill was read the third time. 

Mr. Peebles amendment was read. 

Mr. Beall offered an amendment to strike out the section 
as amended by the committee and insert the original section. 

Mr, Amis moved that the bill with all amendments be re- 
committed. Which was agreed to. 

Received from the Senate a message proposing to raise a 
Joint Select Committee, to take into consideration tha^ part 
of the Governor's message relating to a supply of Salt. 

To which proposition the House agreed. 

Ordered, That Messrs. Harris of Cabarrus, Allison. Hen- 
derson, Young of Yancey, Cobb, Laws and McRae constiiate 
00 r part of said committee. * 

Received from the Senate a message transmitting tbs fol- 
lowing Engrossed bills, which were read first time and v'?ssed. 

No. 86, a bill to amend an act entitled an act for the better 
administration of justice in Onslow county. Referred to the 
Judiciary Committee. 

No. 87, a bill to amend the 9th and 12t.h sections of 10 1st 
chapter of the Revised Code. 

No, 88, a bill to amend the charter of the Atlantic, Tennes- 
ge@ and Ohio Railroad Company, 



58 HOUSE JOUKNAL. [Session 

1^0. 89, a bill to allow further time for the registration of 
grants, conveyances and other instruments. 

No. 90, a bill to prohibit the distillation of spirit^lous liquors. 

Mr. Harris of Cabarrus, moved to suspend the rules and put 
this bill on ita second and third readings. Which motion was 
not agreed to. 

!N^o. 91, a bill to amend an act entitled an act to incorporate 
the Lizzarddale Copper Company. 

Bills upon their second reading were then taken np, and 
the bill (No. G) concerning Roads was read the second time. 

Mr, McKay moved to amend by striking out 60 and insert- 
ing 50. 

Mr Lemraonds moved to amend the amendment by insert- 
ing 55 instead of 50. AVhich motion was not agreed to. 

Mr. McKay's amendment was then agreed to. 

Mr, Costner moved to amend by adding that the act shall 
continue in fo"ce until January 1st, 1865. Which motion was 
agreed to. 

Mr. McCormick moved to amend b}^ exeriipting Sherifls, 
Clerks of Courts, Justices of ^the Peace and Physicians. * 

Mr, Cobb moved to amend the amendment by striking out 
Justices of the Peace. Agreed to. 

Mr, Glenn moved further to atnend the amendment by 
striking out Sheriffs and Physicians. Agreed to. 

Mr, Donnell moved as a substitute 11. bill, No. 87, just 
received from the Senate. 

On motion, the bill and amendments were recommitted to 
'the Committee on Propositions andGrievances. 

Mr. Mann moved to take up II. bill, No. 33, for the relief 
of wives and families of soldiers. 

On motion, the bill was made the special order for Wednes- 
day next at 12 o'clock. 

Mr. Gentry moved to suspend the rules so that II. bill, No. 
Yl, to creat-e a Superior Court for AllegViany, might be taken 
up and put on its second and third readings. 

Which motion was agreed to. The bill then passed its 
several readings. 



lS62-'63.] HOUSE JOURNAL. 69 

t 
H. 1)111, No. 17, to amend the charter of the Western Plank 

Roa(i Company, then passed its second reading. 

A motion to suspend the rules, that the bill be read the 
third time, was not agreed to. 

Tlie House then adjourned until to-morrow 11 o'clock. 



TUESDAY, December 2, 1862. 
The following gentlemen came forward, presented their 
credentials, and were qnaliiied in accordance with the law-: 

Bertie \ ^' ^- f^""^'^' 

^^^^'^ I James Bond. 

•Sampson . D. A. Bizzell. 

J. -Received from the Senate a message, stating that the Sen- 
ate proposes to go into the election of seven Counsellors of 
State at 1 2 o'clock this day, and nominating Messrs. J. R. 
Stubbs of Martin, F. B. Satterthwaite of Pitt, L. Eldridge of 
Johnston, R. P. Dick of G-uilford, J. R. Hargrave of Anson, 
James Calloway of Wilkes, James A. Patton of Buncombe, 
and Geo. F. Davidson of Iredell. 

Which proposition the House agreed to. 

Received from the Senate a message announcing its com- 
tnittee as to the supply of Salt. 

Mr. Waddell introduced a bill, No, 9-1, to create a Patrol 
■Force in each county in the 'State. Read tirst time and 
passed. 

Mr. Fowle, from the Committee on Judiciary, reported 
adversely, H. bill No. 86, to amend an act for the better 
'administration of Justice in Onslow county. 

Mr. Shober, from the same, reported favorably with amend- 
ments, M. bill No. 75, concerning Justices of the Peace. 

Mr. McKay, from the same, reported adversely, H. bill No. 
80, a bill to amend the Sth section of 57th chapter of Revised 
Cod.., 

Mr. Gentry, from tlie Committee on Cherokee Lands and 
^estein Turnpikes, reported favorably, with amendments 



60 HOUSE JODKXAL. [Session 

H. B. 'Ro. 48, to cliarter the Unakoa and Hiawasse Turnpike 
Company. 

Mr. JBeall introduced a bill Iso. 95, to amend an act enti- 
tled, an act for the relief of the Banks and the people. 

Eead first time, passed, and referred to Committee on 
Propositions and Grievances. 

Mr. Bryson introduced a resolution in favor of M. L. Brit- 
tain. Bead first time, passed, and referred to Committee on 
Claims. 

Mr. Keener introduced a resolution Ifo. 97, requiring the 
Governor to appoint Commissioners to examine into the con- 
edition of the Agenej of Cherokee Land-?, as connected with 
Turnpike Roads in Jackson county. 

fieaJ first time, passed, an4 referred to Committee on 
Cherokee Lands. 

Mr. Crawford introduced a resolution instructing the Joint 
Committee on Salt supply, to enquire into the expediency of 
authorizing the Governor to remove all the salt, both public 
and private, from the coast. 

Mr. Watson presented the fallowing resolution : 

Wherza-S, By an ordinance of t}\e Convention, No. 35, 
passed by the Convention of the State of North-Carolina, 
directing the issue of three millions of Treasury notes, enti- 
tled an ordinance to provide for the assumption and paj'ment 
of the Confederate tax, and for funding the sanie at the will 
of the liolder, in Coupon Bonds of the State, bearing eight 
per cent, interest, per annum, interest payable semi-aniuial ly, 
said bonds payable 20 years after date, or sooner, at the 
pleasure of the State, or in six per cent, bonds of th.e State, 
payable thirty years after the let of January, 1862. Interest 
payable semi-annually, exchangeable in Treasury notes at the 
option of the -holder, from time to time, until the Treasury 
notes fall due.' And, whereas, in the report of the Treasurer, 
it seems that four millions four hundred and six*y-one thous- 
and dollars (i,461,000) of said eight per cent, bonds has been 
gold, and DO statement being made in said report, by whom 



1862-'63.] HOUSE JOURNAL. 61 

said bonds were purchased, or at what premium, wliether af, 
above, or bolow par ; Therefore, 

liesolved^ That tlie Public Treasurer be, and is hereby 
required to report to the General Assembly, now^ in sn&sion, 
by whom the said eight per cent, bonds were purchased ; and 
whether they were purchased at, above, or below par. 

Resolved further, That the Treasurer be required also to 
report the amount of six per cent, bonds disposed of in tl^e 
last fiscal year, at what premium said bonds were so]d, and 
to whom sold. 

Which was passed. 

Mr. Alford , presented the following preamble and rcso;- 
lution : 

Wheeeas, His Excellency the Governor, in his message to 
this General Assembly, informed this body that out of coi)- 
sideration for the susceptibilities of our people, he had under- 
taken, through the agency of the Militia officers of the Stat«i 
the enforcement of the act of the Confederate Congress 
known as the conscription act, "and whereas, it has beeu 
brought to the attention of members of this House, that i^ 
force of Confederate soldiers under orders and directions of 
officers of the Confederate army, are daily patrolling the 
streets of the city of Raleigh, and arresting all persons sub- 
"pected of being within the conscription age ; it is therefore, 

Resolvsed, That his Excellency, the Governor, be requested 
to inform this House if he has made any new agreement with' 
the authorities of the Confederate States, in relation to the 
enforcing of the conscript law, and if so, what are the terms 
of such agreement, and if he has made no such recentagree- 
raent vrith.such anthorities, that he inform this House if the 
city of Raleigh or any other parts of the State were excepted 
in the understanding entered into between himself and the 
•Confederate authorities, .relative to the enforcing of such law. 

Which was passed. 
, >■ Ordered, That Messrs. Bond and Jlobinson constitrte our 
part of the committee to super i^te^d tl\o e,kct;on of .Coun- 
'flellors of State. 



62 HOUSE JOURNAL. [Session 

The liourfor said election having arrived, the Ilonse pro- 
ceeded to vote. 

For Messrs. Stljbbs, Sattekthwaitic, Eldkidge, Dick,- Hae- 
GRAVE, Davidson and Patton : 

Messrs. Allison, Berry, Bond, Br^'iin, Bnr^in, Donnell, 
Dunn, FIvnt, Gentry, Glenn, Hawes, Henry of Bertie, Hol- 
lingsworth, Keener, Kerner, Nissen, Parks, Sherwood, Sho- 
ber, Watson and Young of Iredell — 22. 

For Messrs. Stubbs, Satterthwaite, Eldkidge, Dick, Har- 
GRAVE, Calloway and Patton : 

Messrs. Alford, Amis, Bernhardt, Barringer, Beall, Ben- 
bury, Best, Bryson, Burns, Carpenter, Craig, Fo\vle, Gilliam of 
Rockingham, Greene, Hampton, Harris of Chatham, Harri- 
son, Henry of Henderson, Hodges, Hooper, Howard, Horton, 
Ingram, Kelly, Laws, Long, Lyle, Mann of Pasquotank, Mc- 
Cormick, McNeill, McRae, Patterson, Richardson, Riddick, 
Robbins, Smitli, Spruill, Yann, Wallen, Walser, Wellborn, 
Worth, Woodall and Yoi^ng of Yancey — 44. 

For Messrs. Satxeexhwaite, Stubbs, Eldridge, Calloway, 
Haegkave, Davidson and Patton :. 

Messrs. Bumpass, Crawford, Davis, Foy, Henderson, Man- 
ning and Robinson — 7. 

For Messrs. Stubbs, Satterthwaite, Eldridge, Dick, Har- 
grave, Callow^ay and Davidson ; 

Mr. Harris of Carbarrus. 

Mr. Avera voted for Messrs. Stubbs, Satterthwaite, L. B. 
Beckwith, Dick, Hargrave, Calloway and Patton. 

Mr. Dunn for Messrs. Stubbs, Satterthwaite, Desmon, El- 
dridge, Dick, Hargrave and Patton. 

Mr. Grissom for Messrs. Satterthwaite, Dick, W. W. Hol- 
den, E. G. Reade, Wm. Eaton, Jr., F. Shober and Patton. 

Mr.Headen for Messrs. Stubbs, Satterthwaite, Eldridge, 
Dick, M. P. Taylor, Hargrave and Calloway. . 

Mr. Person for Messrs. Stubbs, Satterthwaite, Eldridge, 
Hargrave, R. Gorrell, Calloway and Patton. 

Mr. Judkins for Messrs. Stubbs, Satterthwaite, Wm. Eaton, 
Jr., Dick, Ciiiloway and Patton. 



1862-'63.] HOUSE JOURNAL. 63 

Mr, McKay for Messrs. Stubbs, Satterthwaite, Eldridge, 
ILivgrave, Calloway and Patton. 

Mr. Peaice for Messrs. Stubbs, Satterthwaite, Wm. Eaton, 
Jr., Dick, Hargrave, Davidson and Patton. 

Mr. Rhodes for Messrs. Stubbs, Satterthwaite, Eldridge, 
Amis, Hargrave, Davidson and Patton. 

Mr. Russell of Craven for Messrs. Stubbs, Satterthwaite, 
Person, Desmon, Hargrave, Calloway and Patton. 

Mr. Waddell for Messrs. Stubbs, Satterthwaite, Eldridge, 
Korwood, Hargrave, Patton and Davidson. 

Mr. McKay moved that the House go into secret session to 
hear the report of the committee, which had visited Rich- 
mond. 

"Which motion was agreed to. 

Mr. Shobe'r moved that a committee of two wait upon the 
Governor, and invite him to be present to hear the report. 

This was agreed to, and Messrs. Shober and Manning were 
appointed the committee. 

The House then went into secret session, and after its close, 
adjourned to pieet to-morrow at 11 o'clock. 



WEDNESPAT, December 8, 1862. 

Hon. R. B. Gilliam then announ^jed to the House his resig- 
nation of the Speakership. 

Mr. Amis moved that the House proceed to the election 
of a Speaker, and nominated Hon. R. S. Donnell. 

Mr. Walser nominated Mr. Mann, of Pasquotank. 

Mr. Peebles nominated Hon. J. G. Shepherd. 

Mr. Shepherd requested that his name be withdrawn. 

Messrs. Love and Walser were appointed to superintend 
the election, and the House proceeded to vote. 

The following members voted for Mr. Donnell : 

Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardf-, 
Barringer, Beall, Benbury, Berry, Best, Bryson, Burgin, 



6i HOUSE JOURNAL. [Session 

Burus, Carpenter, Craig, Davis, Flj'nt, Fowle, Gentry, Glenn, 
Greene, Hampton, Harris of Cliatham, Harrison, Hawes, 
Heniy of Bertie, Henr}^ of Henderson, Uollingsworth, How- 
ard, Horton, Ingram, Jojner, Judkins, Keener, Kelly, Kern- 
er. Laws, Logan, Long, Love, Lyle, Maun of Hyde, Mann of 
Pasquotank, McAden, McNeill, McRae, Nissen, Parks, Pat- 
terson, Pearce, Richardson, Riddick, Robbins, Shepherd, 
Sherwood, Shober, Smith, Spruill, Wallen, Walbor, "Wellborn, 
Woodall, Worth, Young of Iredell, and Yonng of Yancey — 6(j. 

Ti)o following voted for Mr. Siiephekd : 

Mt5srs. Beam, Brown, Buinpass, Cobb, Gostner, Crawford, 
Davenport, Gilliam, Grier, Harris of Cabarrus, Henderson, 
Headen, Hodges, Hooper, Kirby, Lemmonds, Manning, Mc- 
Kay, Person, Reynolds, Rhodes, Rnss, Russell of Brunswick, 
Stancill, Vann and Williams — 26. 

Mr. Foy voted for Mr. Vann. 

The whole number of votes cast was 93, of which Mr. 
Dounell having received a majority was declared duly elected, 
and was conducted to the Chair by Messrs. Shepherd and 
Amis. 

Mi". Keener from the Committee on Propositions and Griev* 
ances, reported, favorably, H. bill No. #82, to alter the line 
between Transylvania and Jackson counties. 

Mr. Keener from the Committee on Propositions and Griev- 
ances, reported H. bill No. 59, in favor ofWyatt, a free man 
of color, and^sked to be discharged from its further consid- 
eration. 

Mr. Costner from the same committee, reported H. bill No. 
29, for the relief of sick and wounded soldiers with a sub- 
stitute. 

Mr. Allison from the same committee, reported Nos. C ^nd 
86, concerningroads, and recommended No. 86, with amend- 
ments, as a substitute for No. 6. 

Mr. Bond submitted a report from the committee to super- 
intend the election, of .Councillors of State, viz: 

The cpmmitteo appointed tp superiptend the election oi' 
^Councillors of State, have performed their duty and report 



1862-'63.] HOUSE JOURNAL. 65 

that the whole number of votes cast was 135, necessary to a 
choice 68, of which Mr. J. R. Stubbs received 122, F. B. 
Satterthwaite 120, L. Eldridge 117, R. P. Dick 116, J. R. 
Hargrave 119, James Calloway 91, James A. Patton 191, G. 
F. Davidson 38, Mr. Korwood 1, Mr. Desmond 1, S, J. Per- 
son 1, Mr. Beckwith 1, E. Q. Reade 1, Mr. Eaton 3, W. W. 
Holden 1, Mr. Shober 1, Ralph GorreH 3, W. P. Taylor 1, L. 
"Williams 1, J. S. Amis 1, Jas. Rumley 1, JST. N. Freeman 1, 
M. L. Wiggins 1, Daniel Dixon 1, R. H. Cowan 2, W. P. 
Houston 3, Eugene Grissom 1, J. G. Yancey 1, J. A. Young 
1, F. F. Miller 2, Archibald Monk 1, Nicholas Nixon 1. 

Mr. Brown introduced a resolution instructing the Judici- 
ary Committee to inquire into the expediency of giving the 
county of Mecklenburg two terms of the Superior Court. 

Mr. Worth introduced a resolution referring that portion 
•of the Governor's Message relating to the Board of Claims, or 
the appointment of an Auditor to the Committee on Finance. 

Mr. Horton introduced a resolution of thanks to the late 
Speaker. Passed unanimously. 

The Speaker presented the report of the Bank of Fayette- 
ville, which was sent to the Senate. 

On motion of Mr. Gentry, 

Ordered^ That a message be sent to the Senate to go into 
an election of Solicitor for the 6th Circuit. 

Mr. Gentry nominated R. F. Armfield. 

Mr. Hampton nominated W. P. CaldwelL 

Mr. Brown nominated Jas. E. Kerr. 

Mr. Waddell introduced a bill, No. 98, to provide additional 
pay for soldiers. Read first time and passed. 

Mr. Waddell introduced a resolution, No. 99, in favor of 
'salt. Read first time passed and referred to Salt Committee. 

Mr. Headen introduced a bill, No. 100, to exempt soldiers 
in the army for the war, from poll tax. Read first time, 
passed and referred to Judiciary Committee. 

Mr. Gilliam of Granville tendered his resignation of a seat 
an the House <^ Commons, to take effect from Dec. 6th. 
5 



6C HOUSE JOUKI^AL. [Session 

Mr. Watson moved that a writ of election be issued to fill 
tLe vacancy occasioned by the resignation of Mr. Gilliam. 

Received from the Senate a message concurring in the 
proposition to elect a Solicitor for Ihe 6th Judicial Circuit 
and also proposing to go into the election of Treasurer of 
State at half-past 12 to-day. Agreed to. 

The special order was taken up, it being a bill for the relief 
of the wives and families of soldiers. 

Mr. Cobb moved to amend so that the money or provisions 
should be distributed among the indigent famihes of soldiers 
in each county according to their number. Agreed to, yeas 
57, nays 25. 

A call for the yeas and nays being seconded, by one-fifth 
of the members present. 

Those who voted in the affirmative are: 

Messrs. Allison, Alford, Amis, Avera, Barringer, Beam, 
Eenbnry, Brown, Bryan, Bumpass, Burns, Bynum, Carson, 
Cobb, Cowles, Craig, Crawford, Davenport, Davis, Fleming 
Foy, Gilliam, Grier, Hampton, Harris of Cabarrus, Harrison, 
Hawes, Henderson, Henry of Henderson, Headen, Hodges, 
Joyner, Judkins, Kelly, Kirby, Laws, Lemmonds, Logan, 
Lyle, Mann of Pasquotank, McAden, McCormick, McKay, 
McNeill, Mciiae, Person, Eeynolds, Richardson, Robbins, 
Robinson, Russ, Russell of Craven, Shepherd, Shober, Stan- 
cill, Wallen, Watson, Williams and Woodall — 57. 

Those who voted in the negative are : 

Messrs. Bernhardt, Beall, Berry, Carpenter, Flynt, Gentry, 
Glenn, Grissora, Harris of Chatham, Hollingsworth, Howard, 
Keener, Kerner, Love, Nissen, Parks, Patterson,. Pearce, 
Sherwood, Smith, Waddell, Walser, Young of Iredell, and 
Young of Yancey — 25. 

Ordered^ That Messrs. Allison and Russell of Craven con- 
stitute our part of the committee to superinted the election 
of Treasurer. 

The House proceeded to vote in said election : 

Those who voted for Mr. Worth, are : # 

Mestirc*. Speaker, Allison, Alford, Amis, Avera, Bernhardt^ 



1862-'63.] HOUSE JOURNAL. 6T 

Barringer, Beall, Berrj, Bond, Bryan, Bryson, Burgin, Car- 
penter, Cowles, Craig, Dunn, Flynt, Fowle, Gilliam of G., 
Glenn, Grissom, Hampton, Henry of Bertie, Hollingsworth, 
Ingram, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, 
McAden, McCormick, McNeill, McRae, Nissen, Parks, Pat- 
terson, Pearce, Riddick, Robbins, Sherwood, Shober, Smith, 
"Wallen, Walser, Watson, "Wellborn, Woodall, Young of L'e- 
deli, and Young of Yancey — 52. 

Those who voted for Mr, Courts, are : 

Messrs. Beam, Brown, Bampass, Cobb, Costner, Crawford, 
Davenport, Davis, Foy, Gilliam of R., Grier, Harris of Ca- 
T)arrus, Harris of Chatham, Harrison, Hawes, Henderson, 
Henry of Henderson, Headen, Hodges, Hooper, Joyner, 
Judkins, Kirby, Lemmonds, Logan, Long, Love, Mann 
ci Pasquotank, Manning, McKay, Person, Reynolds, Rich- 
ardson, Rhodes, Robinson, Russ, Russell of Craven, Shepherd, 
Stancill, Vann, Waddell and Williams — 42. 

The consideration of the bill for the relief of wives and 
familes of soldiers was resumed. 

Mr. Love moved to strike out $500,000 and insert $1,000,000. 
Agreed to, yeas 72, nays 3. 

Those who voted in the affirmative are : 

Messrs. Speaker, Alford, Amis, Avera, Bernhardt, Beall, 
Benbury, Berry, Best, Brown, Bryson, Bumpass, Burgin, 
Carpenter, Cobb, Costner, Cowles, Crawford, Davenport, 
Davis, Dunn, Flynt, Fowle, Foy, Gentry, Gilliam of R., Gil- 
liam of G., Grier, Grissom, Hampton, Harris of Cabarrus, 
Henderson, Henry of Henderson, Headen, Hodges, Hollings- 
worth, Hooper, Howard, Horton, Ingram, Judkins, Keener, 
Kelly, Kirby, Lemmonds, Logan, Love, Lyle, Mann of Hyde, 
Mann of Pasquotank, Manning, McCormick, McKay, McRae, 
Nissen, Parks, Patterson, Pearce, Reynolds, Richardson, 
Riddick, Rhodes, Robbins, Robinson, Russ, Sherwood, Wad- 
dell, Walser, Wellborn, Woodall, Worth, Young of Iredeil, 
and Young of Yancey— 74. 

Those who voted in the negative are : 

Messrs. Harrison, McAden and Stancill — 3. 



68 HOUSE JOURNAL. [Session 

The bill then passed its third reading, and .was ordered to 
be engrossed. 

Mr. Kerner moved to take from the table a resolution to 
create a committee to visit the sick and wounded. 

Pending the consideration of the motion, the hour arrived 
for the election of a Solicitor of the 5th Judicial Circuit, and 
Messrs. Carpenter and Gilliam of Rockingham, being ap- 
pointed a committee to superintend the election, the House 
proceeded to vote as follows : 

Those who voted for Mr. AkxMfield are : 

Messrs. Speaker, Alford, Amis, Avera, Earringer, Beam, 
Benbury, Berry, Bond, Bryan, Bryson, Burns, Carpenter, 
Costner, Cowles, Dunn, Flynt, Fowle, Foy, Gentry, Gilliam 
of R., Glenn, Greene, Hawes, Henderson, Henry of Bertie, 
Henry of Henderson, Headen, Hollingsworth, Horton, Ingram, 
JLeener, Kerner, Kirby, Laws, Logan, Lyle, Mann of Hyde, 
McAden, McKay, ISTissen, Richardson, Riddick, Rhodes, 
Bobbins, Rnss, Sherwood, Spruill, Yann, Walien, Walaer, 
Woodall, Worth and Young of Yancey — 56. 

Those who voted for Mr. Caldwell are : 

Messrs. Allison, Bernhardt, Beall, Bnrgin, Davenport, 
Hampton, Harrison, Hooper, Judkins, Kelly, Long, Love, 
Mann of Pasquotank, McCormick, Mci^eill, McRae, Parks, 
Fatterson, Pearce, Russell of Craven, Smith, Waddell, Wat- 
>eon. Wellborn and Young of Iredell — 25. 

Those who voted for Mr. Kekr are : 

Messrs. Brown, Bumpass, Carson, Cobb, Crawford, Davis, 
Grier, Harris of Cabarrus, Hodges, Lemmonds, Manning, 
Ferson, Robinson and Shepherd — 15. 

Mr. Allison from the committee to superintend the election 
of Treasurer, reported that the whole number of votes was 
140, necessary to a choice Tl, of which Mr. Worth had 
-^received TO, and Mr. Courts 6L 

Mr. Worth is therefore declared elected. 

The House proceeded to consider the motion of Mr. 
IKerner. 

Mr. Waddell called for the yeas and nays on the motion to 



18^2-63.] HOUSE JOURNAL. 6'$ 

take from the table. One-fifth of the House did not second 
the call. 

The motion to take up was rejected. 

H. B. No. 89, to continue in force the act of the Conven- 
tion concerning distillation was taken up and read the 2d 
time. 

Mr. Avera moved to insert "or the seed thereof," after 
" Chinese sugar cane." Agreed to — jeas 55, nays T. 

Mr. Watson moved to amend by inserting " dried fruit," 
after rice, &c. Agreed to, 

Mr. Kirby moved to amend by inserting " honey ;" 

Which was rejected. 

Mr. Fowle moved to strike out the section of ratification 
as the bill itself proposes to commence from Jan. 1st, 1863. 
Agreed to. 

Mr. Amis moved to strike out Jan 1, 1863, and insert Dec. 
20, 1862. 

Mr. Costner moved to amend the amendment by making 
it Dec. 15. Both of which ■were rejected. 

The bill then passed its second reading. 

Mr. Carpenter, from the committee to superintend the 
election of Solicitor, reported that the whole number of votes 
was 142, necessary to a choice 72, of which E,. F. Armfield 
received 89; W.' P. Caldwell 84; Jas. E. Kerr 19. Mr. 
Armfield is duly elected. - 

Mr. Bui gill moved to adjourn until to-morrow 11 o'clock. 
Yeas 40, nays 39. 



THURSDAY, December 4, 1862. 

Mr. Grier introduced a memorial from Moriah Baptist 
Association, asking to be incorporated. 

Mr. Beam presented a petition accompanied by a bill to 
incorporate the Shelby and Broad River Railroad Company. 
Read first time, passed and referred to Committee on Inter- 
nal Improvements. 



70 HOUSE JOURNAL. [Session 

Ordered Th&t Messrs. Yoimg of Iredell, Horton, Woodallj 
Buss, and Hooper constitute our part of tlie Committee on 
Enrolled Bills. 

Mr. Fowle from the Committee on Judiciary reported H. 
B. jSio. 100, to exempt soldiers of North-Carolina from poll 
tax and requested its reference to the Committee on Finance. 
. On motion of Mr. Headen it was so referred. 

Mr. Person introduced a resolution instructing the Com- 
mittee on Public Printing to examine whether any frauds 
have been committed in the execution of the public printing, 
"what when and where ; 

Which was passed. 

Mr. Ingram introduced resolutions concerning our soldiers, 
aflarming our desire to relieve them &c. 

Ordered to be printed and laid on the table. 

Mr. Kerner introduced a resolution to continue in force 
the ordinance of Convention exempting soldiers from poll 
tax. Read first time, passed and referred to Committee on 
Finance. 

Mr. Barringer introduced a bill, No. 102, to incorporate 
the Swift Island Gold Mining Company. Read first time, 
passed and made special order for Saturday next. 

Leave of absence was granted to Mr. Parks until Monday ; 
to Mr. Flemming for one week ; to Mr. Burgin until Monday ; 
to Mr. Henry of Henderson until Monday, and to Mr. Kerner 
until Monday. 

Mr. Avera moved to reconsider the vote by which the bill 
concerning the wives and families of soldiers, passed its 3d 
reading. Agreed to yeas 68, nays 23. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Ben- 
bury, Berry, Best, Bond, Bryan, Bryson, Burgin, Burns, 
Bynum, Carpenter, Carson, Cowles, Craig, Flynt, Foy, Gentry, 
Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Ilur. 
ris of Chatham, Harrison, .Henry of Henderson, Headen, 



i862-'63.] HOUSE JOURNAL. 71 

IIolliDgsworth, Hooper, Howard, Horton, Ingram, Joyner, 
Keener, Kelly, Kerner, Laws, Long, Love, Lyle, Mann of 
Hyde, McAden, McOormick, McNeill, McRae, Nissen, Pat- 
terson, Pearce, Richardson, Robbins, Russ, Russell of Craven, 
Shepherd, Shober, Smith, Spruill, Waddell, Wallen, "Watson, 
Wellborn, Woodall, Woi-th, Young of Iredell and Young of 
Yancey — 68. 

Those who voted in the negative are : 

Messrs. Beam, Brown, Barapass, Cobb, Crawford, Daven- 
port, Davis, Dunn, Gilliam, Grier, Henderson, Hodges, Jud- 
kins, Lemmonds, Logan, Mann of Pasquotank, Person, 
Reynolds, Rives, Robinson, Stancill and "Williams — 23. 

Mr. Amis moved to reconsider the vote by which Mr. 
Cobb's amendment was adopted. Agreed to. 

On motion of Mr. Shepherd, 

Ordered, That a message be sent to the Senate proposing 
to raise a joint committee of five on the part of the House, 
and three on the part of the Senate, to whom shall be refer- 
red H. bills, Nos. 33, 10, 49 and 5, and such others of a like 
nature as may be before the House or Senate. Agreed to. 

Mr. Mann, of Pasquotank, from the Committee on Internal 
Improvements, reported favorably H. bill, No. 58, to amend 
the charter of Greenville and French Broad Railroad. 

On motion of Mr. Headen, H. bill, No. 89, was taken up 
and put on its third reading, 

Mr. Shober offered an amendment to except persons dis- 
tilling far the government. Not agreed to. 

Mr. Amis moved to amend by striking out $100 and in- 
serting $500. 

Mr. Avera moved to amend the amendment by inserting 
$1000 instead of $500. Agreed to. 

Mr. "Waddell moved to amend by striking out 30 days im- 
prisonment, and inserting " 90."" Agreed to. 

Mr. Amis offered an araendraent that each and every day, 
or part of a day in which the still may run, shall constitute 
an offense. Agreed to. 

Mr. Person moved to restore the ratifying section to its 
original form. Not agreed to. 



72, HOUSE JOURNAL. [Sessioo 

Mr. Fowle moved to amend the ratifying section so as to 
read "shall be in force from and affer the 1st day of January, 
1S63, and continue in force until the 1st of January, 1865."" 
Agreed to. 

Mr. Waddell an amendment that the punishments inflicted 
in the first section, shall be upon any person who shall remove 
the grain from this State for distillation. 

Which was agreed to* 

The bill then passed ita third reading — yeas 92, nays 3. 

A call hv the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affimative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt. Barrin- 
ger, Beall, Beam, Benburry, Berry, Best, Bond, Brown,. 
BryaUy Bryson, Burapass, Bnrgin, Burns, Bynum, Carpenter, 
Cobb, Cowles, Craig, Crawford, Davenport, Davis, Dunn^ 
Flynt, "Fbwle, Gentry, Gilliam of Rockingham, Gilliam of 
Granville, Glenn, Greene, Grier, Grissom, Hampton, Harris of 
Cabarrus, Harris of Chatham, Harrison, Hawes, Henderson, 
Henry of Henderson:, Headen, Hodges, Hollingsworth, Hoop- 
er, Howard, Horton, Ingram, Joyner, Judkins, Keener, Kel- 
ly, Kerner, Kirby, Long,.Lovs,,Ljle, Mann of Hyde, Mann of 
Pasquotank, Manning, McAd'en, McCormick, McKay, Mc- 
Keill, McRae, Nissen, Parks, Patterson, Person, Reynolds, 
Richardson, Rives, Rhodes, Robbins. Robinson, Russ, Russell 
of Craven, Shepherd, Shober, Smith, Spruill, Waddell, Wat- 
son, Wellborn, Williams, Woodall, Worth, Young of Iredelly 
and Young of Yancey — 92. 

Those who voted in the negative are : 

Messrs. Foy, Henry of Bertie, and Stancill — 3. 

Received, from His Excellency, the Governor, a message 
transmitting communications relating to State prisoners con- 
fined at Salisbury by Confederate authority, and an account 
from West and Johnston, of Richmond, for alleged infringe- 
ment of copy-right. 

Mr. Shepherd moved that a message be sent to the Senate 
transmitting the message and documents and proposing tc 



1862-'63.] HOUSE JOURNAL. 73 

refer that portion of the message referring to the prisoners, 
to the Joint Select Committee on that subject. 

Mr. Fowle moved to amend the motion by referring the 
account of Messrs. West and Johnston to the joint select 
committee on Public Printing. 

Motion and amendment agreed to. 

Received from the Senate a message declining to raise a 
committee to whom shall be referred H. bills, Nos. 10, 49, 33 
and 5. 

Mr. Shepherd moved that they be referred to a committee 
of five from the House. 

Which veas agreed to. 

The House then adjourned. 



FRIDAY, December 5, 1862. 

Ordered^ That Messrs. Shepherd, Cobb, Allison, Bond and 
Bernhardt be the committee to whom shall be referred H. 
Bs. Nos. 33, 10, 5 and 49. 

Mr. Powle, from the Committee on Judiciary, reported H. 
Bs. jN"os. 5, 9, 10, 63 and 56, and asked to be discharged from 
their further consideration, and that they be referred to the 
select committee on extortion, &c. 

Which was agreed to. 

Mr. Worth, from the Finance Committee, reported the 
Revenue Bill. Read and ordered to be printed. 

Mr. Worth, from Finance Committee, reported H. B. No. 
47, and asked that it be referred to the Committee on Ex- 
tortion, &c. 

Mr. Worth, from the same committee, reported a memorial 
from citizens of Randolph as to tax on dogs, and asked to be 
discharged from its consideration as they have provided such 
tax in the Revenue Bill. 

Also same, from the same, a bill to exempt soldiers from 
poll tax, and beg leave to be discharged from its considera- 



74 HOUSE JOUENAL. [Session 

tion, as they have made such provisions in the Revenue Bill. 

Also same, from the same, a resolution concerning the 
continuation of Board of Claims, and report that they .have 
in preparation a bill to meet the necessities of the case. 

Mr. Person, from the Committee on Military Affairs, repor- 
ted, H. B. No. 28, to raise 10,000 troops veith a substitute. 
Ordered to be printed and made the special order for Tues- 
day next. 

Same, from the same, reported H. B. No. 45 to raise 
10,000 troops and asked to be discharged from its further 
consideration, as they have reported a bill on the same 
subject. 

Mr. Person, from the Committee on Military Affairs, re- 
ported adversely H. B. 72, to increase the pay of soldiers in 
service of the State. 

Also same, from the same, reported adversely H. B. 91, to 
protect the salt works. Also adversely H. B. 46 in favor of 
the counties wrest of the Blue Ridge. 

Also same, from same, reported H. B. 30 to increase th« 
patrol of the State, with a substitute. 

Same, from same, asked to be discharged from the consid- 
eration of H. B. 79, concerning the mints. 

Mr. Cowks asked leave to enter his protest against the bill 
reported by the Military Committee for raising the State 
troops. 

Mr. Grissom asked leave also to enter his protest against 
the bill, and gave notice that he should soon submit a minor- 
ity report accompanied by a bill. 

Mr, Bobbins, from the committee on the Judiciary, repor- 
ted H. B. No. 78, and recommended its passage with 
amendments. 

Mr. Harris of Cabarrus, from the committee on Salt, repor- 
t-ed a resolution. No. 106, authorizing the Governor to make 
arrangements to remove the salt from the coast. Read first 
time and passed ; and on motion of Mr. Cobb, the rules being 
suspended, was passed its second and third readings. 

Mr. Shober, from the Committee on Education, reported 



1862-'63.] HOUSE JOURNAL. 7$ 

H. B. Ko. 19 to allow the Literary Board to elect a Treasu- 
rer, and recommended its passage with amendments. 

Also ^arae, from same, favorably a bill to incorporate the 
Beataville Female Seminary. 

Mr. Waddell, from the Committee on the Judiciary, repor- 
ted adversely H. B. Ko. 61 to exempt from execution 50 
acres of land. 

Mr. Shober, from the same, reported favorably with amend- 
ments II. B. No. 77, a bill to repeal 3d, 4th and 6th sections 
of 7th chapter of Revised Code. 

Mr. Fowle introduced a resolution (104) in favor of Theo 
H. Hill. Read first time, passed and referred to Committee 
on Claims. 

Mr. Shepherd introduced a resolution (105) in favor of O. 
S. Johnson, an inmate of the Lunatic Asylum. 

Read first time, passed and referred to Committee on 
Propositions and Grievances. 

. Mr. Rives incroduced a resolution (106) concerning salt to 
soldier's families. Read first time and passed. 

Mr. Young of Iredell submitted a report from the Commit- 
tee on enrolled bills. 

Leave of absence was granted to Mr. Bryan until Monday 
next; to Mr. Burns until Tuesday; to Mr. McKay until 
Wednesday ; to Mr. Henderson until Tuesday, and to Mr. 
Glenn until Monday. 

Mr. Gentry introduced a bill, ISTo. 108, to perfect certain 
grants. Read first time, passed and referred to the Commit- 
tee on the Judiciary. 

R'^ceived from His Excellency Governor Yance, by his 
Private Secretary, Mr. R. H. Battle, the following message: 

State of North-Cakolina, Executive Department, 

Raleigh, Dec. 5th, 1862. 
' Hon. R. S. Donnell, 

Speaker of the House of Comraons : 

Dear Sir: — In reply to the resolution of the House of 
Commons, transmitted by yon on the 2d inst., making inquiry 






7& HOUSE JOURNAL. [Session 

in regard to the arrestino^ of citizens of Raleigh and others on 
its streets, I have to intbi-m the Honse that said arrests are 
made entirely by Confederate aiithorit;; ; that no use of Con- 
federate officers or soldiers for making arrests lias been 
atithorized by rae in the State, except in one or two instances 
of domestic disorder where it was thought the local militia 
were insufficient. 

Very respectfully, 

Your obedient servant, 

Z. B. VANCE. 

Mr. Fowle introduced a resolution as follows: 

Hesolvcdy That the Governor be authorized and requested, 
in pursuance of the agreement made with the Confederate 
Government iu relation to the enforcement of the conscript 
act, to require the officers of the Confederate Government to 
desist from making arrests of our citizens under said law, 
and should they refuse to comply, that he be authorized and 
directed to arrest any Confederate officer or soldier acting 
under their direction, who slia'l hereafter make any arrests 
of our citizens in the City of Raleigh or elsewhere in the 
State. 

The resolution passed its firni r.^ading. 

Mr. Fowle moved to stisperi'! 'Hq rules that it might be put 
on its second and third reading 

The hour for the special oru^ ; iiaving arrived, Mr. Worth 
moved that it be postponed un"' Tuesday, 1 o'clock. 

"Which was agreed to. 

The rules were then suspendi;! — yeas 78, nays 1. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Beam, Benbury, Berry, Best, Bond, Bryson, Burnsy 
Bynum, Carpenter, Costner, Cowles, Craig, Crawford, Dunn, 
Elynt, Eowle, Foy, Gentry, Gilliam of Rockingham, Glenn, 
Greene, Grissom, Hampton, Harris of Cabarrus, Harris of 



1862-'63.] HOUSE JOURNAL. 77 

Chatham, Harrison, Hawe-, Henderson,- Henrj of Bertie, 
Headen, Hodges, Hollingsw tth, Hooper, Howard, Ingram, 
Joyner, Judkins, Keener, J. .\vs, Long, Love, Lyle, Mann of 
Hyde, Mann of Pasquotank, Manning, McAden, McCormick, 
McKay, McNeill, McEae, Ki.s en, Patterson, Pearce, Perkins, 
Richardson, Riddick, Rives Robbins, Robinson, Riiss, Rus- 
sell of Craven, Shepherd, S'-ber, Smith, WaddeJl, Wallen, 
Williams, Woodall, Worth; Young of Iredell and Young of 
Yancey — Y8. 

Mr. Lemmonds voted in rhe negative. 

Mr. Amis mtroduced the f" lk>wing resolution as a substitute : 

Resolved,, That the Govet )r be requested and directed to 
remonstrate with the ContV t rate government as to the prac- 
tice of its officers in arrestin.r; citizens of North-Carolina, sw- 
peoted to be liable to cons^ : ption, and that he insist upon 
such practice being desisv.l from within the limits of this 
State ; so long as the Gov. ;".or of North-Carolina shall con- 
sent to enforce the conscrij : iaws of the Confederate govern- 
ment, through the agency ■' the Militia officers of the State. 

Mr. Worth moved that v:z matter be referred to a select 
"commit'-ee of five. 

Which was agreed to. 

Ordered,, That Messrs. W rrh, McAden, Person, Shepherd, 
and Waddell be said Comn : 'ee. 

On motion, the Committ' . were allowed to sit during the 
session of the House, and requested to report as soon as pos- 
sible. 

Mr. Worth presented a rt <ignation of his seat in the House 
of Commons, to take effect from the 20th instant. 

Mr. Robbins moved that a writ of election issue to be held 
on the 24th instant. Agreed to. 

On motion of Mr. Shephrd, H. B. No. 19, to allow the 
Literary Board to elect a Treasurer, was taken up and passed 
its third reading. 

H. B. No. 17, to amend Charter of Western Plank Road. 
Passed its 3rd reading. 



78 HOUSE JOURNAL. [Session 






BILLS ON SECOND BEADING. 

H. B. No. 37, in favor of W. H. Bryson. Passed. 

U. B. No. 43, to authorize C. M. Green to collect arrears 
of taxes. Passed. 

H. B. No. 46, concerning Roads, was read the second time. 

Mr. Costner moved to substitute S. B. No. 86, with com- 
mittee's amendments. Agreed to. 

The Committee's amendments making the ages for whites 
to work the Road from 16 to 55, and slaves from 14 to 60, 
were rejected. 

Mr. Shober moved to strike out all after the enacting clause, 
and insert an amendment giving the Justices of the County 
Court power to regulate the matter in each county. Agreed 
to. Yeas 39, nays 30. 

The bill as amended passed its 2nd reading. 

Mr. Waddell, from the Select Committee ou Mr. Fowle's 
resolution, submitted a report, as follows : 

The committee to which was referred the resolutions of the 
House upon the subject of the arrests of citizens by Confed- 
erate authority within the limits of the State, have had the 
same under consideration, and beg leave to report the follow- 
ing resolution, and recommend its passage: 

liesolved, That the Governor be authorized and requested, 
in pursuance of an agreement made with the Confederate 
Government in relation to the inforceraent of the conscript 
act, to request the proper officers of the Confederate Govern- 
ment to desist from making arrests of our citizens. 

Which was not agreed to — yeas 42, nays 32, 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Barringer, Eeall, Beam, Brown, Cobb, Costner, 
Craig, Crawford, Davenport, Foy, Gilliam, Grier, Harris of '\ 
Cabarrus, Harris of Chatham, Hawes, Henderson, Hooper, 
Judkins, Kelly, Lemmonde, Love, Manning, McAden, Person, 



1862-'63.] HOUSE JOUENAL. Y9 

Keynolds, Rhodes, Robbins, Robinson, Russell of Craven, 
Shepherd, Stancill, Waddell and Worth— 32. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Avera, Bernhardt, Berry, Bryson, 
Bnrns, Carpenter, Cowles, Dunn, Flynt, Fowle, Gentry, 
Glenn, Greene, Grissonij Hampton, Harrison, Headen, Hol- 
lingsworth, Howard, Keener, Laws, Long, Lyle, Mann of 
Hyde, Mann of Pasquotank, McNeill, McRae, Nissen, Pat- 
terson, Pearce, Perkins, Richardson, Riddick, Russ, Shober, 
Smith, "Wellborn, ''iVoodall, Young of L'edell, and Young of 
Yancey — 42. 

Mr. Brown moved to adjourn. Not agreed to. 

Mr. Grissom offered an amendment that the Governor shall 
use his discretion as to arresting the officers of the Confed- 
erate States. Which was accepted. 

Mr. Amis moved his former amendment as a substitute. 
Not agreed to. 

Mr. Foy m.oved to adjourn. Not agreed to. 

Mr. Foy moved that the further consideration of the reso- 
lution be postponed until to-morrow at 10 o'clock. Not 
agreed to. 

Mr. Person offered an amendment as follows : 

To strike out all after the word "that" in the 11th line of 

the original resolution, and insert " the Governor be directed 

and empowered to take all such proceedings as he may deem 

. best calculated to put an end to such arrests " — which was 

accepted. 

Mr. Person moved further to amend by using the word 
" request " instead of " require." Agreed to. 

The resolution passed its second reading — yeas 75, nays 
none. 

A call for the yeas and nays being seconded by one-fifth 
^ of the members present. 

Those who voted in the affirmative are, 
, ,, Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
.'ger, Beall, Berry, Brown, Bumpass, Burns, Carpenter, Cost- 
ner, Cowles, Craig, Crawford, Davenport, Flyuf, Fowle, Foy, 



80 HOUSE JOURNAL. [Session 

Gentry, Gilliam, Glenn, Greene, Grier, Grissom, Hampton, 
Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, 
Henderson, Headeii, Hollingsworth, Hooper, Howard, Jud- 
kius. Keener, Kelly, Kirby, Laws, Lemmonds, Long, Love, 
Lyle, Mann of Hyde, Mann of Pasquotank, Manning, Mc- 
Aden, McCormick, McKay, McNeill, McRae, Nissen, Parks, 
Patterson, Pearce, Perkins, Person, Reynolds, Richardson, 
Riddick, Rives, Rhodes, Robbins, Rnss, Russell of Craven, 
Shepherd, Shober, Smith, Waddell, Wallen, Wellborn, Wood- 
all, Young of Iredell, and Young of Yancey — 75. 

The resolution that passed read as follow? : 

Eesolved, That the Governor be authorized and requested 
in pursuance of the agreement made with the Confederate 
government in relation to the conscript act, to request the 
officers of the Confederate government to desist from making 
arrests of our citizens under said law, and sliould they refuse 
to comply, that the Governor be directed and empowered to 
take all such proceedings as he may deem best calculated to 
put an end to such arrests. 

And being put on its third reading was passed. 

Mr. Waddell introduced a resolution as follows : 

Eesolmd, That a select committee of three be appointed to 
inquire into the circumstances attending the arrest of W. J. 
Headen, a member of this House, that the parties engaged 
in it may be brought before the bar of this House, to answer 
for the contempt. 

Which resolution passed. 

The House then adjourned until to-morrow, 11 o'clock. 



SATURDAY, December 6, 1862. 

Ordered, That Messrs. Mann, of Pasquotank, Shepherd and 
Henry, be the committee under Mr. Waddell's resolution. 

Mr. Allison, from the committee on Propositions and Griev- 
ances, reported favorably, H. B. 71, to amend charter of the 
city of Raleigh. 



1862-'63.] HOUSE JOURNAL. ..,81 

The Speaker announced that lie had approved and signed 
tlie following resolutions : 

A resolution affirming our separation from the U. S. and 
declaring our confidence in the administrations of President 
Davis and Governor Vance, 

Hesolution of thanks to our soldiers in the array. 

Mr. Costner offered an appointment as Justice of the Peace 
for Lincoln county. 

On motion of Mr. Love, the appointment was laid on the 
table until the day set apart to appoint magistrates. 

Mr. Woodall introduced a resolution concerning the meet- 
ing of the House, proposing to meet at 10 o'clock, and ad- 
journ at 2 o clock, meet again at 7, and adjourn at the plea- 
sure of the House. 

Laid over under the rules. 

Mr. Fowle, from the Committee on Judiciary, reported H, 
B, No. 67, concerning the execution of capital punishment iu 
private, with a substitute. 

Mr. Brown introduced a bill, 112, to alter the time of hold- 
ing the County Court of Mecklenburg. 

Read first time and passed, and the rules being suspended 
the bill passed its second and third readings. 

Mr. Fowle introduced a bill, No. 113, to strengthen the 
laws already in force for the protection of personal liberty. 
•Read first time, passed and referred to the Committee on 
Salisbury prisoners, and ordered to be printed. 

Ml*. Ingram introduced a bill, 114,. to renew the charter of 
the Richmond Manufacturing Company. Read, first time, 
passed and the rules, being suspended it passed its 2d and 3d 
readings. 

Mr. McNeill introduced a bill, 120, in reference to the 
Common Schools. Read first time, passed and referred to 
the Committee on Education. 

The following bills were taken up and, under a suspensioB 
of the rules, passed their 2d and 3d readings. 

H. B. No. 103; to incorporate the Swift Island Gold Mining 
Company. 

0: ^ 



82 HOUSE JOURNAL. [sSa 

H. B. 66, to incorporate the Beatavilla Female Seminary. 

S. B. No. 115, to amend an act entitled an act to incorpo- 
rate the Lizzerdale Copper Company. 

S. B. No. 115, to amend the hiw in relation to sheriff's 
bonds. 

S.. B. No. 116, expressing satisfaction of the General As- 
sembly, "With the conduct of our soldiers and tlie liberality 
of our citizens. 

S. B. No. 117, to provide a supply of powder in the differ- 
ent coxinties of the State. 

S. B. No. 118, to amend the ordinance of the Coiiventian 
entitled an ordinance to make some provision for wives and 
families of deceased soldiers. 

S. B. No. 119, to amend 33d and 38th sections of 102d 
chapter of the Revised Code. 

S. B. No. 120 in relation to the secret proceedings of the 
Senate and House. 

Received from the Senate a message transmitting an en- 
grossed bill, to authorize the county of Chatham to levy a tax 
for working the roads, with amendments, and asking the 
%agreement of the House to the same. Not agreed to. 

Received from tne Senate a message stating that the Sen- 
ate declines to concur in the amendments of the House to the 
'bill concerning the distillation of spirituous liquors. 

Mr, Amis moved that the House recede from its amend- 
ments. 

Mr. Fowle moved to amend the motion by .saying that the 
■House adheres to its amendments. 

Mr. Mann moved that the matter be postponed .until 
Wednesday next. Not agreed to. 

The House then decided to adhere to its amendments. 

"Received from the Senate a message transmitting the 
statement of the Bank of Lexington, with a proposition to 
•print. Which was agreed to. 

Received from the Senate a message transmitting a num- 
ber of engrossed bills, Nos. 90, 115, 116, 117, 118, 119, which, 
^s above, passed their 2d and 3d readings. 



1862-''63.] HOUSE JOUENAL. 83 

Heceived from the Senate a message stating that the Sen- 
ate recedes from its amendments to the bill to authorize 
Magistrates of Dhatham to levy tax for working the roads. 

Received from the Senate a message transmitting a reso- 
Jntion, No. 120.; which passed its 2d and 3d readings. 

Received from His Excellency the Governor a message 
transmitting certxiin documents relative to the seizure of iron 
l)y the Confederate Government from the Wilmington, Char- 
lotte and Rutherford Railroad. Sent to the Senate with a 
proposition to raise a joint select committee of five on the 
^art of the House and three on the part of the Senate, to 
whom the message and documents shall be referred. 

Gn motion of Mr. Mann the S. B. to allow county courts 
to raise the bonds of sheriffs was taken up and passed its 2d 
^nd 3d readings. 

Leave of absence was granted Mr. Dunn until Thursday next. 

On motion of Mr. Costner, H. B. No. 78, to alter the times 
of holding the Courts of Law and Equity in the 6th Judicial 
Circuit was taken up and passed 2d reading, and the rules 
being suspended was read the 3d time and passed. 

The House then adjourned until Monday 11 o'clock. 



MONDAY, December 8, 1862.. 

Mr. Fowle from the Judiciary Committee, reported in favor 
of H. B. No. 108, to perfect certain grants. 

Ordered^ That Messrs. Beall, Hooper, Bond, Davenport, 
and Young of Yancey, constitute our part of committee on 
Enrolled Bills. 

Mr. Shepherd from the select committee on extortion, &c., 
reported H. Be. Nos. 47 and adversely, and Nos. 10 and 5, 
favorably with amendments. 

The Speaker presented* the stateinents of the Merchants'^ 
Bank of Newborn, and Bank of Thomasville. Sent to the 
Senate with a proposition to print. 

Mr. Cowles introduced a resolution, No. 122, in favor of 



84 HOUSE J01IR]S'AL. [Session 

W. W. Long. Eead first time, passed and- referred, to Com' 
raittee on Claims. 

Mr. Worth introduced a bill No. 123, to repeal the 1st sec- 
tion of an ordinance of the Convention, concerning the right 
of soldiers to vote. Read first time and passed. 

Mr. Fowle introduced a bill, 'No. 124, for the relief of the 
families of deceased soldiers, and to provide for a roll of honor. 
Head first time, passed, and referred to the Committee on 
Military Affairs, and ordered to be printed. 

Mr. Beall introduced resolutions, No. 125, concerning a roll 
of honor. Passed second and third readings. 

Mr. Jojner introduced resolutions as follows : 

JSesolved, That in the opinion of the General Assembly of 
the State of North-Carolina, the recent order of Brigadier 
General French, directing the burning of all cotton east of 
the line of the Wilmington and Weldon, and Petersburg Rail- 
road, not removed prior to the fifteenth day of December, is 
unwise, unjust^ and impolitic, and if carried into effect will 
be a wanton ajid unnecessary destruction of property. 

Besolved^ That this General Assembly has entire confidence 
in the patriotism of the people residing in that section of the 
State, and believe that they would cheerfully give their pledge 
of honor, to burn their own cotton, with their own hands, 
rather than it should fall into the hands of the public enemy, 
if requested so to do by the military authorities. 

liesolved, That His Excellency, Governor Yance, be re- 
quested to transmit a copy of these resolutions to His Excel- 
lency, the President of the Confederate States, and earnestly 
protest against the execution of this unnecessary order. 

Which were adopted and ordered to be sent to the Senate. 

Mr. Poy introduced a resolution No. 127. Bead first time 
and passed. 

Mr. Fowle introduced a bill, No. 126, to amend the charter 
of the Kaleigh and Coalfields Railroad. Read first time, 
passed, and referred to the Committee on Internal Improve- 
ments, and ordered to be printed. 

Received from the Governor's Aid,^ Col. D. A. Barnes, act^ 



1862-'63.] HOUSE JOURNAL. 85 

ing in his absence, a message transmitting the statement of 
- -the Bank of Charlotte; also memorials from the ladies of 
Cleveland and Caswell; also a letter from H. L. Hopkins, 
Esq., of Ya., concerning a bill on extortion, and a letter from 
•J. W. Johns. Sent to the Senate. 

Received from the Senate a message transmitting the fol- 
lowing engrossed bills : 
' A resolution in favor of Lewis Williamson. Read first 
time, passed, and referred to the Committee on Claims. 

A resolution requesting the Governor to correspond with 

'Railroad and other companies in relation to the transportation 

•of salt from Wilmington, <fec. Read first time and passed, 

and under a suspension of the rules, it passed its second and 

■"third readings. 

A bill to amend the charter of the Cheraw and Coalfields 
"Railroad Company as amended by an ordinance of the Con- 

Tention. Read first time and passed. 
"^ A bill to be entitled " An act for the better management 
' and repair of the Western Turnpike, and rebuilding and re- 
pairing certain bridges on the same road." Read first time 
" .and passed. 

■'- A resolution to fix the hour of meeting at 10 o'clock, to ad- 

"^""jbnrn at 2, and meet again at 7, and adjourn at the pleasure 

-<' of the House, was taken up and passed. 

' •' Received from th« Senate a message proposing to raise a 

joint select committee of five on the part of the House, and 

three on the part of the Senate, to whom shall be referred 

the message of the Governor in reference to the Wilmington, 

t Rutherford, and Charlotte Railroad iron. 

The Speaker appointed as House branch of the committee, 
• Messrs. Russell of Brunswick, Costner, Ingram, McNeill and 
■ Hawes. 

Received from the Senate a message stating that that body 
insists upon its disagreement to the amendments of the House 
•'•of Commons to the bill concerning the distillation of spiritu- 
-<)ns liquors. 

Mr. Amis moved that a message be sent to the Senate pro- 



86 HOUSE JOUIiNAL. [Sessieiia 

posing a committee of conference. To which the House 
agreed. 

Ordered^ That our part of the committee consist of Messrs. 
Amis and Avera. 

Mr. Worth moved tliat the House go into secret session.. 
To which the House agreed. 

The secret session being over, Mr. Grissom moved to take 
up H. B. No. 84, for the rehef of sick and wounded soldiers. 
To which the House agreed. 

Keceived from the Senate a message transmitting the state- 
ment of the Bank of Lexington, and proposing to print the 
same. Agreed to. 

Mr, Peebles moved to amend by striking out " $200,000," 
and inserting " $500,000, or so much thereof as may be nec- 
essary." 

Mr. Glenn moved to amend the amendment by inserting; 
merely $300,000. Which was accepted. 

The question being upon. Mr. Glenn^s amendment, it was 
agreed to. 

Mr. McAden moved to amend by inserting after " two sur-- 
geons," "or more, if necessary." Adopted. 

The bill then passed its second reading, and the rules being 
suspended, was passed its third reading. 

Mr. Peebles introduced a resolution referring so much of 
the Governor's message as relates to aiding the Confederate 
authorities in their efforts to maintain the efficiency of the 
army to the Committee on Military Affairs. 

Received from the Senate a message transmitting, the bill 
concerning prisoners, with, certain amendments. Agreed to» 

On motion, 

The House adjourned until to-morrow, 11 o'clock. 



TUESDAY, December 9, 1862. 
Mr. Brown introduced a resolution instructing the commit- 
tee on Finance to inquire into the expediency of increasing 



18e2-'63.] HOUSE JOURNAL. " Sl . 

the issue of Treasury Notes, from five cent bills up to three 
dollars. 

Mr. Grissom submitted a minority report from the Com- 
mittee on Military Affairs, accompanied by a bill. 

Mr. Love introduced a resolution rescinding the resolution 
of yesterday concerning night sessions. Laid over under the 
rules. 

Mr. Avera moved to re-consider the vote by -which the 
resolution concerning night sessions passed on yesterday. 
Laid over under the rules. 

Mr. Worth presented a resolution that so much of the 
Governor's message as relates to the issue of small notes by 
the State, be referred to the Committee on Finance. 

Mr. Stancil] introduced a bill to provide for the defence of 
the State. Ordered to be printed. 

Received from the Senate a message, agreeing to the pro- 
position to raise a joint Select Commitee on the bill to prei- 
vent distillation of spirituous liquors. 

Mr. Costner presented a memorial from Daniel's Creek 
Church, asking incorporati(;n. A bill to incorporate the said 
church passed the first reading, and was referred to the Com- 
mittee on Propositions and Grievances. 

The bill concerning workhouses was taken up, and passed 
its third reading. 

The Speaker announced that he liad approved and signed 
the following bills : 

Riesolutions expressing satisfaction of t:|ie GeaeYal Assem- 
bly, with the spirit of tlie people in sustaining the army, and 
I with the conduct of our troops; 
An act to amend the act to incorporate the Lizzerdale 
Copper Company ; 
An act to amend the ordinance of the Convention, entitled 
^,n ordinance to make some provision for families of soldiers 
dying in the service, and for other purposes ; 

An act to provide a supply of powder and lead in the dif- 
ferent counties of the State ; 

An act to regulate the fees of Jailors \ 



SS HOUSE JOURNAL. [Session 

A resolution in relation to the secret proceedings of the 
General Assembly ; 

Jlesolution protesting against the burning of cotton in 
Eastern North-Carolina 5 

An act amendatory to the law in relation to sheriff's bonds', 

Heceived from the Senate a message, proposing to raise a 
Joiijt select comiaftittee of five <5n the part of the Honse, and 
three on the part of the Senate, to inquire into the paj'^ment 
of soldier's claims in Confederate notes, instead of North- 
Carolina Treasury notes, which were ordered for that purpose, 
concurred in. ' 

Ordered^ That Messrs. McAden, Russell of Bruswick, Hen-^ 
derson, Carpenter and Foy, constitute the committee on the 
part of the Souse. 

The hour for the special order having arrived, it was taken 
tip and considered, it being the committee bill to raise a State 
force. 

Mr. Grissom moved to substitute his minority bill. 

Mr. Stancill moved the bill introduced by him this morn- 
"ing as a snbstitnte to the substitute. 

Mr. Stancill's motion was not agreed to — yeas 3, nays 91. 

A call for the yeas and nays being seconded by one-iiftk 
of the members present, 

Those who yoted in the affirmative are: 

Messrs. Bynum, Robinson and Stancill — 3. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Benbury, Berry, Bond, Brown, Bryan, Bryson, 
Bunipass, Burgin, Burns, Brzzell, Carpenter, Cobb, Costner, 
Cowles, Craig, Crawtbrd, Bavenport, Davis, Flynt, FoWie, 
iPoy, Gentry, Gilliam, Glenn, Greene, Grissom, Hampton, 
Harris of Cabarrus, Harris of Chatha!m, Harrison, Hawes^ 
Henderson, Henry of Henderson, Headen, Hodges, Hooper, 
Howard, Horton, Ingram, Joyner, Judkins, Keener, Kelly, 
IKerner, Ivirby, Laws, Lemmonds, Logan, Long, Love, Lyle, 
Mann of Pasquotank, Manning, McAden, McCormick, Mc- 
Keiil, McRae, Nissen, Parks, Patterson, Perkins, Person, 



1862-%3.] HOUSE JOURNAL. fe 

Reynolds, Richardson, Riddick, Rives, Rhodes, Robbing, 
Russ, Russell of Brunswick, Russell of Craven, Shepherd, 
Shober, Smith, Spruill, Stanford, Wallen, Watson, Wellborn, 
Williams, Woodall, Worth, Young of Iredell, Young of 
Yancey— 91. 

The question then recurred upon Mr. Grissom's motion to 
substitute. 

Tiie hour for another special order having arrived, it was 
postponed until to-morrow 11 o'clock. 

On motion of Mr. Burgin, the minority report was ordered 
to be printed, and the whole matter postponed until to-mor- 
row 12 o'clock. 

Mr. Amis asked leave to submit a report from the Com- 
mittee of Conference, on the bill to prohibit the distillation of 
spirituous liquors, as follows: 

that it be recommended that the Senate concur in the 
amendments to include in the list of articles forbidden to be 
used for distillation, in the fifth line "peas and pea-nuts" after 
" wheat," and the words " the seed thereof" after the words 
'*' sugar cane," and the word " rice" after the words "dried 
■fruit ;" and in 2d section 2d line, after striking out the words 
"its ratification," insert the words " the 1st day of January, 
1863." That the penalty for violation of the act shall be 
$500 fine and sixty days imprisonment. 

That the Senate concur in the amendment at the end of 
section 2d, " That persons offending against the provisions of 
this act, shall be deemed guilty of a distinct offence for every 
day or part of a day in which they shall be so offending." 

That the House recede from its amendment proposed as 
section 2d relative to exportations of corn, &c., for purposes of 
distillation ; 

In which report the Ilouse concurred. 

On motion the House adjourned until to-morrow 10 o'clock. 



90 HOUSE JOURNAL. [Session 

WEDNESDAY, December 10, 1862. 

Mr. Bargin, from the Committee on Claims, reported favor- 
abl}'-, H. B. No. 96, a resolution in favor of M. L. Brittain. 

Mr. Patterson, from the Committee on Propositions and Grie- 
vances, reported H. B. No. 105 in favor of Oscar J. Johnston. 

Mr. Allison, from the same committee, reported adversely 
to H. B. No. 52, to extend i)rovisions of the 8th section 45th 
chapter of Revised Code. 

Mr. Keener, from the same committee, reported adversely 
to H. B. No. 76 to prevent traffic in spirituous liquors near 
the General Military Hospital. 

Mr. McAden, from the Committee on the Judiciary, re- 
ported favorably with amendments, H. B. No. 81, to amend 
18th section of the 46th chapter of the Revised Code. 

Mr. McKay, from the same committee, reported H. B. No. 
62 favorably with amendments, to provide for the probate of 
wills and granting letters of administration when the coun- 
ties of testators 'are in the hands of the enemy. 

Mr. McKay moved that the rules be suspended and this 
bin be put on its 2d and 3d readings ; to which the House 
agreed, and the bill passed its several readings. 

Mr. McAden moved that the reference of PL B. No. 113, 
to strengthen the laws for the protection of personal liberty 
be changed from the committee on Military Affairs to that 
on the Judiciary. Agreed to. 

Mr. Avera moved to take up his motion to reconsider the 
vote by which was passed the resolution to fix a time for 
meeting and adjourning of the House of Commons each day , 
Agreed to. 

Mr. Avera then moved to lay the resolution on the table ; 
To which the House agreed. 

Mr. Robinson introduced a resolution in favor of J. G. Car- 
raway (No. 134.) Read first time, passed and referred to 
Committee on Claims. 

Mr. Mann of Pasquotank introduced a resolution in favor 
of Jas. S. Ives, (135.) Read first time passed and referred to 
Committee on Claims. 



1362-'63.] HOUSE JOITKNAL. 91 

The special order was then taken up, it being a bill to cre- 
ate a police force. 

Mr. Fowle moved to insert as to arrests of citizens, "per- 
sons for whose apprehension a warrant may have been 
issued." Agreed to. 

Mr. Harris of Chatham offered an amendment as a substi- 
tute, striking out all after the enacting clause and inserting 
" a bill introduced by his colleague." 

Mr. Peebles moved that the amendment be printed and 
the whole matter be postponed until to-morrow 12 o'clock. 
To which the House agreed. 

Eeceived from the Senate a message proposing to raise a 
Joint committee of three on the part of the House and two on 
the part of the Senate, to consult and report whether it will 
be compatible with the public interest for the Legislature to 
adjourn sine die on the 20th or 22d inst. Agreed to. 

Messrs. Kussell of Brunswick, McAden, and Long were 
appointed the House part of the committee. 

The special order was then taken up, it being a bill to 
organize a State force, and the question being upon the 
adoption of the minority, report as a substitute to the 
report of the Committee. 

Mr. Russell of Craven moved to reconsider the vote by 
■which Mr. Stancill's substitute was rejected. Not agreed to. 

Mr. Peebles moved that when the vote is taken it be 
by sections. Agreed to. 

Mr. Harris of Cabarrus moved that the House take a recess 
untill half past 3 o'clock. Not agreed to. 

On motion, the House adjourned until to-morrow 10 
o'clock. 



THURSDAY, Decembek 11, 1862. 
Tlie Speaker presented a letter from E. W. Johns, Medical 
Purveyor, asking that persons be allowed to distill alcohol for 
the government. Sent to the Senate^ 



S2 HOUSE JOURNAL. [Sessioa 

Mr. Mann, of Pasquotank, from the Committee on Military 
Aiiairs, reported favorably H. R. 134, in favor of Jas. S. Ives. 

Mr. Allison from the Committee on Propositions and Griev- 
ances, asked to be discharged from the consideration of H. 
B. concerning the manufacture of cotton cards, and reported 
favorably H. B. 95, to amend an act for the relief of the 
Banks and the people. 

Mr. Burgin from the Committee on Claims reported favor- 
ably H. B, ISfo. 134, in favor of J. G. Carraway ; also report- 
ed favorably H. B. No. 136, in favor of Lewis Williamson. 

Mr. Fleming from the Committee on Internal Improve- 
ments, reported favorably H. B. 101, to incorporate the Shelby 
and Broad River Railroad Company. 

Mr. Headen introduced a resolution instructing the Judi- 
ciary Committee to enquire into the expediency of forbidding 
negroes from owning dogs. 

Mr, Fo}'- introduced a series of resolutions concerning the 
raising of 10,000 volunteers, which were read first time and 
passed. 

Mr. Foy moved to sHspend the rules and put the resolutions 
on their second and third readings. Not agreed to. 

On motion, they were laid on the table and ordered to be 
printed. 

Mr. Cowles from the Committee on Private Bills, reported 
favorably H. B. No. 122, in favor of W. W. Long ; also H. 
B. No. 43, in favor of CM. Green, Sheriff of Cleveland 
county. 

Mr. Watson from the Committee on Salisbury prisoners, 
submitted a report and a bill. Read first time and passed. 

Received from the Senate a message transmitting the 
following engrossed bills which were read first time and 
passed : 

A bill to provide for holding courts in Hertford county ; 
. Resolutions in favor of Thos. E. and C. M. Skinner, Jr. ; 

Resolution on printing the Inaugural Address of Governor 
Vance ; 

Resolution in favor of Solomon Pool; 



1862-'63.] HOUSE JOUKNAL. .93 

Kesolutions declaring the oflBce of Adjutant General, Attor- 
ney General, and Solicitor for the 4th Judicial Circuit, vacant. 

Mr. McAden moved to suspend the rules that this be read 
the second and third time. Not agreed to. 

Resolution in favor of L. S. Hicks. On motion of Mr. 
Rives, the rules were suspended and the resokition passed its 
second and third readings. 

Received from the Senate a message proposing to set apart 
Friday, the 12th inst., as a day to appoint Justices of the 
Peace. Concurred in. 

Mr. McCormick introduced a bill, ISTo. 137, to incorporate 
the Western ISTorth- Carolina Copper and Gold Mining, and 
Copperas Manufacturing Company. Read first time and 
passed, and referred to the Committee on Private Bills. 

Mr. Grissora introduced a bill concerning a patrol force, 
No. 145. Read first time and passed, and ordered to be 
printed. 

Mr. Grissom gave notice that at the proper time he would 
move this bill as a substitute for the several patrol bills befoi^e 
the House. 

Mr. Mann, of Pasquotank, introduced a bill, 'Ko. 146, for 
the benefit of those who have entered vacant lands. Read first 
time and passed. 

Mr. Russell, of Brunswick, introduced a bill, No. 147, in 
favor of J. H, Allen, former Sheriff of Brunswick county. — 
Read first time and passed, and referred to the Committee on 
Propositions and Grievances. 

Mr. Foy introduced a bill, No. 148, in favor of M. F. Redd, 
late Sheriff of Onslow county. Read first time, passed, and 
referred to Committee on Propositions and Grievances. 

Mr. McNeill introduced a bill concerning Common Schools, 
Read first time, passed, and referred to the Committee on 
Education. 

Mr. Burgin moved that a message be sent to the Senate 
proposing to go into the election of Judge for the 7th Judi- 
cial Circuit, on to-morrow at 1 o'^elock. To which the House 
airreed. 



U HOUSE JOURKAL. [Session 

Mr. Bnrgin nominated Hon. B. S. Gaither. 

Mr, Bernhardt nominated Walter "W". Lenoir, 

Mr. Allison nominated Anderson Mitchell. 

Mr. Keener nominated W. M. Shipp. 

On motion of Mr. Shepherd, 

Ordered, That a message be sent to the Senate, proposing 
to go into the election of Solicitor for the 7tli Judicial Cir- 
enit at half past one o'clock to-morrow. 

Mr. Shepherd nominated W. P. Bynum. 

Mr. Worth nominated T. E. Caldwell. 

Mr. Bnrgin nominated Jno. D. Hyman. 

The unfinished business of yesterday was then taken up, it 
being a bill to raise a State force, the question being upon 
the substitute offered by the minority to the substitute offered 
by the majority of the committee. 

Tlie first section of the bill was read. 

Mr. Peebles moved to insert the words " white males," be- 
tween the words " any " and " persons," in the first section. 

To which the House agreed. 

Mr. Ingram ofi^ered an amendment to make the number of 
troops eight thousand infantry, and two thousand cavalry. 

!Not agreed to. 

Mr. Waddell offered the following resolution as an amend- 
ment, but was ruled out of order.: 

Jiesolved, That in pursuance of an act passed by the Legis- 
lature of tliis State, at its session of 1860 and 1861, whereby 
the Governor of the State was authorized to raise a reserved 
•corps of eight regiments for the defence of I^orth-Carolina, 
the Governor be and is hereby required to carry out the pro- 
vision of the said act. 

Mr. Stancill proposed to amend by striking out " now in 
actual service," and insert *' subject to the conscript law of 
Congress, except by the consent of the President." 

Mr. Peebles an amendment ; which was ruled out of order. 

Mr. Person offered the following amendment : 

Insert after " Confederate States," 7th line, Ist section, the 
following: '"and not called, nor liable to be called into the 



1862-'63.] tlOtrSE JOURNAL. 9ft 

service of the Confederate States under the conscription Jaw, 
which latter may be accepted and enrolled bj the consent of 
the President of the Confederate States." 

Which amendment Was not agreed to — veas 37, nays 61. 

A call for the yeas and nays being seconded by one-fifth 
of the members present, - , 

Those who voted in the affirmative are : 

Messrs. Amis, Beall, Beam, Bizzell, Brown, Eumpass, By- 
nam, Cobb, Costner, Crawford, Davenport, Davis, Fleming, 
Foy, Gilliam, Grier, Harris of Cabarrus, 11 awes, Henderson, 
Hooper, Judkins, Lemmonds, Logan, Love, Manning, Pee- 
bles, Person, Reynolds, Rives, Rhodes, Rtilvinson, Riiss, Rus- 
sell of Craven, Shober, Stanford, Stancill and Williams — 37. 

Those who voted in the negative are: 

Messrs. AllisoJi, Alhritton, Alford, Aver;;, Bernhardt, Ben- 
>bury. Berry, Best, Bond, Bryan, Bryson, Burgin, Burns, Car- 
penter, Cowles, Craig, DunE, Plynt, Fowle, Gentry, Glenn, 
Greene, Grissom, Hampton., Harris of Chatham, Harrison, 
Henry of Bertie, Henry of Henderson, Fleaden, Howard, 
Horton, Ingram, Joyner, Xeener, Kelly, Kerner, Laws, Long, 
Lyle, Mann of Pasquotank, McCormick, McNeill, McRae, 
IN^issen, Parks, Patterson, Pearce, Richardson, Riddick, Rob- 
bins, Russell of Brunswick, Smith, Spruill, Waddell, Wallen, 
Walser, Watson, Woodall, Worth, Young of Iredell, and 
Young of Yancey — 61. 

Received from the Senate a message, agreeing to the pro- 
position to go into the election of Judge and Solicitor for the 
7th Judicial Circuit to-morrow. 
On motion, 

The House adjourned until to-morrow 10 olelo.ck. , 



FRIDAY, December 12, 1862. 
Mr. Wallen aked leave to change his vote on ]\Ir. Person's 
f amendment yesterday as he misunderstood the question at 
issue. He now votes " nay." 



96 HOUSE JOURNAL. [Session 

Leave granted. 

Messrs. Brown and Shepherd having been absent asked 
leave to record their votes. The Speaker said strictly it' was 
out of order, but could be done by the consent of the House. 
Granted. 

They vote " yea."" 

Mr. Fowle presented a memorial from John Eosemond» 
Referred to the Committee on Claims. 

Mr. Allison, from the Committee on Propositions and 
Grievances, reported adversely to H. B. 145. 

Mr. McAdon, from the joint select committee on adjourn- 
ment, reported a resolution as follows : 

liesolced^ That the two Houses of the General Assembly 
will adjourn over on Monday the 22d inst., at 6 o'clock, A.. 
M., to meet again the first Monday in ISTovember, 1863, un- 
less sooner convened by the Governor and Council. 

Mr, McAden moved that the resolution be considered 
cred immediately. Kot agreed to. 

Mr. Manning moved that it be made the special order for 
Monday 12 o^clock. 

Mr. Mann of Pasquotank, from the special committee con- 
cerning the arrest of Wra. J. Headen, submitted a report as 
follows : 

The committee appointed by the House to investigate the 
matter in regard to the arrest of W. J. Headen, a member ot 
the House of Commons, from the County of Chatham, by 
"Confederate States' soldiers, beg leave to make the following 
report : 

The Committee snmmoaed before them Lt. Robt. J. Walker^ 
who, upon being questioned as to his authority for arresting 
citizens, produced his authority from Brigadier General 
James G. Martin, but stated that the guard that made the 
arrest were intoxicated at the time and had far transcended 
tlie instructions given to them by him. 

Gen. Martin, on being summoned before the committee, 
said that he had received his orders from General French, 
viuuimanding this l^epartinent of TTorth- Carolina. Bnt that 



\8G2-M3.] HOUSE JOURNAL. 97 

the order wp.s not to take np every person who was liable to 
the coiiseript act, except such person had been enrolled and 
liad fiiiled to make his appearance at the conscript camp; 
that ail such were considered by the Military Authority aa 
desei-ters. . General Martin a'Avd tlv.it as soon aa the fact camo 
,to his knowledge of the arrests of citi2;ens by t!ie guard, that 
lie iiniAodiately had the same stoppea — that the .'-nard had 
.dieted directly in oppositio'n to 'orders— that he hai; been told 
by Lieut. Walter that the guard ^^^re intoxicated, and tliat 
ke had given positiV'S ord'ers to Col. Mallett to investigate the 
tnattor, and if the facts as reported by Lient. Walker (as to 
their intoxication) be tbimd trne^ to punish the men. II0 
farther stared that tho guard was only intended to bo used 
%y Lier.t. Walker in making arrests of deserters and others 
l)eloiiginfl; to the larmy that might require such force, and nofc 
.to go aboat arresting citizens as the guard did on the occa- 
•sion referfed to. All of which is most respectfully snbinitted.. 
Mr. Bernhardt introduced a resolution (Ne. 156^) in favor 
«f Cyld well county. Kead iirsl time, pressed, ayd;- referred 
to the Committee on' Propositions andrGrievances. 

Mr. Bernhardt introduced a resoktion (155) ia.fa^or of P. 

C Hargrave. Read first time, passed, and referred io Qona- 

mittee on Propositions and ^Grievances. 

Mr. Peebles introduced, a resolation.,(i64) in, fayior of Mot-- 

ley and Browers. EeadHrst tim^, p^ss^di andi referred to 

Committee on Clainis. 

Mr. Horton introduced, thg follovningresohition, which waa 

agreed, to: - 

Besolvedi That a message be €ent to the Senate, pr\>]i>0sjH£^- 

to raise a joint select, committee of two on the TJ^ayii of the 

Senate and three on the part of the House, \wh^m- duty it 
-sliall be to make enquiry why it is that only ^\,m\t one.h'alf ; 

of the ^oldiersin service from this State, hax^. received the 
■ bounty to which they are entitled, nnder a^ ordinance of the 

Convention of this State, and that they be- aflthorized to serfd 

for persons and papers if necessary, and>, repont, thereon at as 

early a day as practicable, by bill or otherwJsQ* . 
7 



98 HOUiSE JOD'EFAL. [Session 

Mr. Tlit'f/ardson moved to suspend the rnies so as to take 
up II. B. No. 129, to amend the charter of the Cheraw and 
Coaliields Raih-oad as aH>eiKled bj' the Convention. Kot 
agreed to. 

Ml-. McCormlck moved to take np tlie resohition concern- 
ing night sessions, which had been laid on the table. To 
"vvhich tlie House agreed. 

Mr. Amis moved to amend the rosointio-n so as to read 
•" from and after Saturday." To which the House agreed. 

Tiie resolution then passed. 

Mr. McTlae called for his resolution limiting speakers to 15 
minute's, which was on yesterday laid over. 

Mr. Waddell moved to' amend by saying " oO minutes." 
Not agreed to. 

The resolution then passed. 

Mr. Young, of Iredell, introduced a bill N"o. 146, concern- 
ing sales of land. Head first time, passed and referred to the 
Judiciary Contmittee. 

Mr. Peebles introduced a hill far the relief of slierifl's. Eead 
first time, passed and refbrred to the Judiciary Committee. 

Mr. Costner presented a bill No. 148. Eead first time, 
passed and referred to the Committee on Propositions and 
Grievances. 

Mr. Young, of Yance}', introduced a bill No. 149, in rela- 
Jation to the county site of Mitchell county. Read first time, 
passed and referred to the Committee on Private Bills. 

Mr Bryson introduced a bill No. 150, to prevent and punish 
extortion. Read first time and passed. 

Mr. Fleming introduced a hill No. 151, to limit the produc- 
tion of Cotton and tobacco. Read first time and passed. 

Received from the Senate a message proposing to set apart 
Friday, the 19th day of December, as a day to appoint mag- 
istrates, instead of to-day. To which the House agreed. 

Leave of absence was granted to Mr. Bumpass for 5 days ; 
to Mr. Person for 3 days ; to Mr. Smith for 3 days; to Mr. 
Rnssell of Craven until the 22d inst.; to Mr. Barns until <; 
Monday and to Mr. AUbrd until Monday. 



1802-63.] HOUSE JOURNAL. 99 

Mr. Joynermoved to postpone the unfinisbcd business of 
yesterday until Monday next, Not agreed to. 

Mr. Headen moved that II. B. No. 6t, eoncernina; the 
production of cotton and woolen cards be printed. To which 
the House agreed. 

Mr. Worth moved that the Revenue Bill be made the 
order of the day at half past 13 o'clock on Monday and from 
day to day until disposed of. 

Ml". Rives moved to amend by saying "Tuesday" instead 
of "Monday." Not agreed to. 

Mr. "Worth's motion was then agreed to. 

The unfinished business of yesterday was then taken up, it 
being the minority report of the Oomraitteo on Military Af- 
fairs. 

There being no further amendments to the 1st section, the 
reading of the bill was continued. 

Mr, McKay offered an amendment to the od section "that 
the field officers (Colonel, Lieut. Colonel and Major) shall be 
elected by a majority of the commissioned officers, on a day 
to be appointed by the Adjutant General." 

Mr. Waddell moved that the House resolve itself into a 
coraraitree of the whole. 

To which the House agreed. 

Mr. Love in the chair. 

After a brief interval, the committee arose and reported 
the bill as before. 

Received from the Senate a message concurring in the 
proposition to raise a joint select committee on soldiers batwi- 
ty and pay. 

Ordered^ That the committee on the part of the House 
consist of Messrs. Horton, Walser and Ingram. 

Received from the Senate a message transmitting the fol- 
lowing enrolled bills, which were approved and signed by 
the Speaker : 

An act to change the time of holding the Courts of Pleas 
and Quarter Sessions in the county of Mecklonbnrg; 



100 HOUSE JOUKJSTAL. [Session 

An act to establish a Superior Court of Law and Equity 
for the county of Alleghany ; 

An act for the purchase of provisions ; 
/, An act (o authorize the magistrates of Chatham county to 
levy tax for working the roads; 

An act to establish the 8th Judicial Circuit, and for other 
.purposes. 

An act eoneerning Justices of the Peace in Bladen couutyo 
, An act to authorize the agent of Cherokee Lands to refund 
money in certain cases ; 

An act in reference to the salaries of Judges of the Supe- 
;rior Courts. 

The amendment of Mr. McKay to the od seGlion of the 
Minority Bill to raise 10,000 trooj)S, being the matter under 
consideration it was agreed to. Yeas 59, Nays 34, 

A call for the yeas and nays being, seconed by one-fifth of 
the mf mbers present : 

Those v.'ho voted in the alBi'rnative are :, 
. Messrs. Albritton, Bernhardt, Earringcr, Beall, Bearq, 
Berry, Brown, Bryan, Bunipass, Bynum, Carpenter, Cobby 
Cost.ner, Craig, Crawford, Davenport, Toy, Gentry, Gilliam, 
Greene, Grier, Hampton, Hawes, Henderson, Headen, Hod- 
ges, Ilollingsworth, Hoopei-, Horton, Kerner, Ivirby,- Logan, 
Long, Manning, McCormick, McKay, McBae, Nissen, Pat- 
.terson, Pearce, Peebles, Reynolds, Richardson, Rives, Rhodes^ 
Kobbins, Robinson, Russ, Russell of Craven, Smith, Stan- 
ford, Sfancill, Waddell, Vv^'allen, Walser, Wellborn, Williams^ 
Woodall and Worth— 59. 

Those w'ho voted in the negative are : 

Messrs. Allison, Alford, Avera, Benbury, Beet, Bond, 
Bryson, Burgin, Burns, CowleS; Davis, Dunn, Fow.le, Gris- 
som, Harris of Cabarrus, Harris of Chatham, Harrison, Henry 
of Bertie, Henry of Henderson, Hov/ard, Joyner, Keenej', 
Laws, Lyle, Mann of Pasquotank, McAden, Parks, Perkins, 
Russell of Brunswick, Shepherd, Spruill, Watson, Young of 
Iredell and Young of Yancey — 34. 

Mr. Ingram offered an amendment to the section, " that 



1862-'G3.] HOUSE JOURlSrAL. 101^ 

the C rlonel, Lieut. Colonel iind Major be appointed by the 
Governor, the Staff OfBcers by tlie Colonel, and the Surgeon 
by the Snrgeon General." 

This amendment was rejected — 3-eas 23, nays (55. . 

• A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Tiioso who voted in the affirmatire are : 

Mesirs. Amis, Beall, Benbury, Best, Bryson, Dunn, Fowle,- 
<3lrissoin, Harris of Cabarrus, Harrison, Headcn, Howard, In- 
gram, Joyner, Keener, Laws, Lyle, Mc!N"eill, Russell of 
Brunswick, Wellborn, Woodall, and Young of Iredell — 23. 

Those who voted in the ueo;ative are: 1 

t 

Messrs. Allison, Alhritton, Alford, Barringer, Beam, Berry, 
Brown, Bryan, Bums, Bynum, Ca^enter, Carson, Cobb, 
Costner, Cowles, Crawford, Davenport, Fleming, F03', Gen-' 
try, Gilliam, Glenn, Greene, Grier, Hampton, Harris of Chat- 
ham, Hawes,' Hodges, Hollingsworth, Hooper, Horton, Kerv- 
Her, Kirby, Lemmonds, Logan, Long, Mann of Pasquotank, 
Manning, McCormick, McKay, McRae, Parks, Patterson, 
Pearce, Peebles, Reynolds, Richardson, Riddick, Rives, 
Rhodes, Robbins, Robinson, Russ, Russell of Cravcii, Shep-- 
herd. Smith, Stanford, Stancill, Waddell, Walien, Walser, 
Watson, Williams Worth and Young of Yancey — 65. 

Mr. Fowle offered an amendment that the company and 
field officers be elected by the rank and file, and the staff ap- 
pointed by the Colonel. 

Pending its consideration, the hour arrived for the election 
of Judge for the 7th Juo'icial Circuit, and Messrs. Long and 
Howard were appointed to superintend the election. 

Mr, Keener withdrew the name of Mr. Shipp. ' 

The House then proceeded to vote. 

Mr. Walser moved to reconsider the vote by which Mr. 
McKay's amendment was adopted. Agreed to — yeas 57, 
nays 43. 

A call for the yens and nays being seconded by one fifth 
of the members present. 

Those who voted in the affirmative are : 



102 HOUSE JOUrvNAL. [Session 

Messrs. Allison, Amis, Avera, Bernhardt, Beall, Benbury^ 
Best, Bond, Bryson, Burgin, Carpenter, Cowles, Craig, Dunn,* 
FIjnt, Fowle, Gentry, Glenn, Greene, Grissom, Hampton, 
Harrison, Henry of Bertie, Henry of Henderson, Headen, 
Howard, Horton, Ingram, Joyner, Keener, Kelly, Kcrner, 
Laws, Lyle, Mann of Pasquotank, McAden, McCormick, Mc- 
Keiil, Nissen, Parks, Patterson, Perkins, Hichardson, Riddick, 
Roboins, Russell of Brunswick, Sliober, Smith, Spruill, Wal- 
len, Walser, Watson, Wellborn, Woodall, Wortli, Young of 
Iredell, and Young of Yancey — 57. 

Those who voted in the negative are: 
. Messrs, Albritton, Beam, Brown, Bryan, Bumpass, Burns, 
Byniim, Cobb, Costner, Crawford, Davenport, Davis, Flem- 
ing,- Foy, Gilliam,- Griei^Harris of Cabarrus, Harris of Chat- 
ham; Hawes, Hodges, Hooper, Judkins, Kirby, Lemmonds, 
Lggan, Long, Love, Manning, McKay, McRae, Pearce, Pee- 
b]es, Rejmolds, Rives, Rhodes, Robinson, Russ, Russell of 
Craven, Stanford, Staucill and Williams — 43. 

Ihe question then being upon the adoption of Mr. McKay's 
amendment, he accepted the amendment offered by Mn 
Fowle. 

Mr. Long, from the committee to superintend the election 
of Judge, reported that the whole number of votes was 144, 
necessary to a choice 73, of which Mr. Mitchell received 64, 
Mr: Gaither 41, Mr. Lenoir 56 and Mr. Shipp 3. No one 
Laving received the necessary number of votes, there is no 
election. 

The hour having arrived for the election of Solicitor for the 
7th Judicial Circuit, Messrs. McNeill and Green were ap- 
pointed to superintend the election. Mr. Burgin witlidrew 
the name of Mr. Hymau, and the House proceeded to vote 
as follows : 

Those who voted for Mr. Bynum are : 

Messrs. Allison, Amis, Barringer, Beam, Benbury, Best, 
Brown, Bryan, Bryson, Bumpass, Burgin, Burns, Bynum, 
Carpenter, Cobb, Costner, Cov»^les, Crawford, Davenport, 
Davis, Fleming, Flynt, Fowle, Foy, Gentry, Gilliam, Glenn, 



58C2-'63.] HOUSE JOUENAl.. 103 

Greene, Grier, Hampton, Harris of Cabarrus, Harris of Chat- 
ham, Harrison, Hawes, Henderson, Henry of Henderson, ' 
Headen, Hodges, Hollingsworth, Hooper, Howard, Judkins, 
Keener, Kerner, Kirby, Lemmonds, Logan, Long, Love, Ly^e, 
Mann of Pasquotank, Manning, McCormick,McKay, McNeill, 
McRae, Nissen, Pearce, Peebles, Reynolds, Eichardson, 
Rives, Rhodes, Robinson, Rnss, Russell of Craven, Shepherd, 
Spruill, Stanford, Stancill, Waddell, Wallen and Williams— 73. 

Those who voted for Mr. Cat.dwkix are : 

Messrs. Speaker, Albritton, Avera, Bernhardt, Beall, Berry, 
Bond, Dunn, Grissom, Horton, Ingram, Joyner, Kelly, Laws, 
McAden, Parks, Patterson, Perkins, Robbins, Russell of 
Brunswick, Shober, Smith, Walser, Watson, Wellborn, Wood- 
all, Worth, Young of Iredell, and Young of Yancey — 29. 

Received from the Senate a message proposing to go imme- 
diately into an election of Judge of the Tth Circuit, and 
stating that Mr. W. M. Shipp had been put in nomination. 
Agi-ecd to. 

Orchved,, That Messrs. Pearee and Grier constitute our 
part of the committee to superintend the election. 

The House proceeded to vote. 

Those who voted tbr Mr, Shipp are : 

Messrs. Speaker, Amis, Barringer, Benbury, Brown^ Bryan, 
Bryson, Bnmpass, Bnrgin, Burns, Cobb, Costner, Craig, Craw- 
«ford, Daveuprirt, Davis, Flynt, Fowie, Foy, Gentry, Grissom, 
Harris of (;ril>arrus, Harris of Chatham, Hawes, Henry of 
Henderson, U<ioper, Horton, Joyner, Keener, Kerner, Kirby, 
Laws, Logan, Love, Lyle, McOormick, McRae, Nissen, Patter- 
son, Pearce, Peebles, Richardson, Rnss, Russell of Craven, 
Shepherd, Spruill, Stanford, Waddell, Wallen, Williapms and 
Young of Yancey — 5L 

Those who voted for Mr. Mitcuell are : 

Messrs. Allison, Albritton, Avera, Bernhardt, Berry, Best, 
Cowles, Dunn, Fleming, Gilliam, Glenn, Greene, Hampton, 
Harrison, Headen, Hollingsworth, Howard, Judkius, Kelly, 
Long, Mann of Pasquotank, McAden, McKay, McNeill, Per- 
kins. Riddick, Rives, Robbins, Robinson, Russell of Bruns-, 



toy: HOUSE JOURKAI. [Sessioa 

wick, h^'ober, Smith, Walser, Watson, Wellborn, Woodally 
Worth an I Young of Iredell — 37. 

. Those who voted for Mr. Gaither arc : 
Messrs. J3eall, Beam, Carpenter and Parks— 4. 

• Tliose "vvlio voted for Air. Lenoik are : 

. Messrs. Bynum,Grier, Henderson, llodgoa, Manning, Rey- 
nolds, Rhodes and Stancill — 8. 

• On motion^ the House adjourned until to-morrow 1 1 o'doek. 



SATURDAY, Bkcemker 13, 186!^. 

Mr. "vY. M. Carter, the member elect from Beaufort county, 
appeared, exhibted his credentials, and was qualified in ac- 
cording to law. 

Mr. Henry of Henderson, presented a inemorial from citi- 
Eens '-f Henderson county, asking that civil causes be re- 
stored in the courts of tliat count}', and introduced a bill^ 
Ko. 157, toj restore the suits on civil process in tits courts o/ 
Hendej'scn county. 

Read firsi: time, and passed. 

Mr, Shepherd, from the Committee on Finance, reported 
fiEvorably H. B. No. 34, in reference to the liabilities of 
ShoriiFs.' 

• Mr. Burgin, from the Committee on Claims, repi-»]-tcd fa- 
Torabiy H. B. No. 152, in favor of the County Court Clerk of 
Harnett; also, favorably H. R. No. 139, in favor' of T. E. 
and C. M. Skinner; also favorably H. R. No. 104^ in favor of 
Theo. H. Hill. 

Mr. (^-iGsom moved that the rules be suspended, and the 
resolution in favor of Theo. H. Hill be put on its several 
readings. 

' Agreed to, and the resolution passed its second and third 
readings. 

• On motion of Mr. Mclvay, the rules were suspended, and 
tbe resolution in favor of the Clerk of the County Court of 
Harnett passed its second and third readings. 



1862-'(33.] HOUSE JOURNAL. 105 

Mr. Watson, from tlie Committee on Claims, reported ad- 
versely to II. B. No. 155, in favor of Caldwell connty. 

Received from the Senate a message, transmitting tlie re- 
port of the Commissioners of tlie Sinking Fund, with a pro- 
position to print. Agreed to. 

Mr. Allison, from the Committee on Propositions and 
Grievances, reported adversely li. B. No. 132, to incorporate 
Daniel's Creek Chnrch, in Lincoln county. 

Mr. Costner, from the sel^.ct committee concerning liigh 
charges on Railroads, submitted a report with a resolution. 

Mr. Shepherd introduced a resolution, inquiring of the 
Comptroller when his report will be before the Legislature. 
Agreed to. 

Mr. McNeill, from the committee to superintend the elec- 
tioH of Solicitor for the Tth Circuit, reported the whole num- 
ber of votes cast as 146, necessary to a choice 74, of which 
Wm. P. Bynum received 104, Tod. R. Caldwell 37, and Jno. 
D. Hyman.5. 

Mr. McRae hitroduced resolutions concerning the substi- 
tution of free negro for slave labor on our coast fortifications. 
Read first time and passed, and the rules being suspended, 
passed their second and third readings, being amended on 
motion of Mr. Waddell, to include all the counties of the 
State. 

Mr. Shepherd introduced a resolution to provide for the 
payment of the expenses of the commission to Richmond. 
Read first time and passed. 

Mr. Peebles presented a bill, No. 158, for the relief of 
Wm. E. Mann, late sheriff of Pasquotank. 

Mr. Walser introduced a bill, No. 161, to incorporate the 
Silver Lead Mining Company. Read first time, passed, and 
referred to the Committee on Propositions and Grievances. 

Mr. Robbins introduced a bill, No. 162, to incorporate the 
Randolph Manufacturing Company. Read first time, passed, 
and referred to tffe Committee on Private Bills. 

Mr. Stanford introduc?d a bill. No. 163, for an extra teriij 
of Superior Court for Duplin county. Read first time, passed^ 
and referred to the Judiciary Committee. 



106 HOUSE JOUIliSTAL. [Session 

Mr. riorton presented a bill, K'o. IGi, to autborizo the 
sberiff of Watauga coiinfy to collect arrears of taxes. Head 
first time, passed, and referred to tbe CoiumiLtee on Private 
Bills. 

Mr. Young of Yancey, presented a bill for the relief of 
tbe sureties of W. W. ProtHtt. Read first time, passed, and 
referred to tbe Committee on Private Bills. 

Mr. Sbepberd introduced a bill to incorporate tbe X. C. 
Presbyterian Printing Establisbment. Ptcad first time and 
passed. , 

i« Peceived from tlio Senate a message, transmitting tbe fol- 
lowing engrossed bills and resolutions: 

A resolution instructing our Senators, and requesting our 
Representatives in Congress to urge tbe repeal of a certain 
clause of tbe Military Exemption Act of tbe Confederate 
Congress. Read first time and passed. 

A bill to construct a Railroad from DallsCs, in Gaston coun- 
ty, by vi-ay of Lincolnton, to Newton. Read first time and 
passed, and tbe rules being suspended, passed its second and 
tbird readings. 

A bill to amend tbe cbarter of tbe Bank of Lexington, and 
to establisb tbe Bank of Grabam. Passed first reading, and 
under a suspension of tlie rules, passed iis second and tbird 
readings. 

A bill to amend an act entitled " jMilitia Bill, ratified Sep- 
tember 20tb, 1861." Read first time and passed. 

A bill to establisb tbe Bank of Lincolnton, Read first time 
and passed. 

A bill amendatory of an act to incorporate tbe Bank of 
Western ISTorth-Carolina. Read first time, passed, and was 
tben passed its second and tbird readings. 

A bill for tbe benefit of Justices of tbe Peace, refugees 
from tbeir counties. Read first time and passed. 

A bill to cbatige tbe place of comparing tbe polls in tbe 
44tb Senatorial District. • 

A bill to incorporate tbe town of Marion. 



i862-'63.] HOUSE JOURNAL. 107 

Mr. Worth asked leave to ])resent a report from tlie Com- 
mittee on Finance, accompanied by a hill, No. 1T4, to au- 
thorize the issue of more treasury notes. Read first time, 
passed, and ordered to be printed. 

Mr. Fleming introduced a resolution a;naranteeing North- 
Carolina's part of tlie Confederate State's debt. Read lirst 
time, passed, and ordered to be printed. 

The following bills were then taken np and passed their 
second and third readings: 

II. K., 1-il, resolution in favor of Soliution Pool; 

H. B., 108, a bill to perfect certain grants; 

H. R.., 143, resolution in favor of S. S. Hicks ; 

H. B., 128, a bill to provide for the better management of 
the Western Turnpike ; 

H. B., 82, a bill to alter the line between Jackson and 
Transyvania counties; 

H. R., 96, a resolution in favor of M. L. Brittain ; 

H. R., 105, a resolution m favor of Oscar J. John-ioi; ; 

H. R., 122, a resolution in favor of W. W. Long; 

H. R., 139, a resolution in favor of T. E. and 0. I'.. Skin- 
ner, Jr. ; 

H. B,, 86, a bill for the better ad!nii;i::-;a{ion of J- .fiice in 
Onslow county, was indefinitely |.'ostponed ; 

H. R., No. 37, a resohition in IV. noi of W. H. Bryson, pass- 
ed its third reading; 

Also, H. B., 42, in favor of Thos. J. Carr, late Sheriil" nf 
Duplin, passed its third reading. 

On motion of Mr. Amis, the ruh^s were suspended, and the 
bill to incorporate the N. C. Presbyterian Printing Establish- 
ment was passed its second and third readings. 

Mr. Pearce from the committee to superintend the electii^u 
or Judge, reported that the whole number of votes cast was 
142, necessary to a choice 72, of which W. M. Shipp had re- 
ceived 88, A. Mitchell 43, B. S. Gaither 3, and W. W. Lenoir 
8 votes. Mr. Shipp is therefore duly elected. 

Leave of absence was granted to Mr. Perkins until Thurs- 
day next. 



108 HOUSE JOURNAL. [Session 

Received from the Senate a message transmittiDg an en- 
grossed bill supplementary to an act passed at the present 
session of the General Assembly, and ratified on the 9th day 
of December, 1862, entitled " An act to amend the ordinance 
of the Convention to make some provision for the families of 
soldiers djang in the service," 

Read first time, passed, and the rnles being suspended^ 
passed its second and third readings. 

The House adjourned until Monday 10 o'clock. ^ 



MONDAY, December 15, 1862, 

Received from tlie Governor a message transmitting a com- 
inunication from the Comptroller, stating that his annual re- 
port is in the hands of the printer, but owing to thejarge 
quantfty of matter in the hands of that oflScer, it will not be 
ready for nearly two weeks. 

Mr. Ijj'yson presented a memorial from citizens of Cherokee, 
asking for the appointment of a county distiller. Referred 
to the Committee on Propositions and Gi'ievanccs. 

Mr. Young of Yancey, pi'esented a petition from citizens 
of Mitchell county, asking for a change of the county site. 
Referred to the Committee on Private Bills, 

Mr. Patterson from the Committee on Pj'opositions and 
Grievances, leported adversely, II. B., 156, in favar of P. C 
Hargrave and others. 

Mr. Harris, of Cabarrus, introduced a resolution in favor of 
John O. Wallis. Read first time, passed, and referred to the 
Committee on Propositions and Grievances. 

Mr. Waddell presented a bill to transfer the State's inter- 
est in the Deep River Navigation Works, to individual stock- 
holders. Read first time, passed, and referred to Committee 
on Internal Improvements. 

Mr. Shepherd introduced a bill to authorize the incorpor- 
ated towns of the State to lay additional taxes. Read first 



1862-'63.] HOUSE JOUENAL. 109 

time, passed, and referred to the Committoe on Propositions 
and Grievances. 

Mr. Nissen introdnced a bill (180) to antliorize tlie Public 
Treasurer to repay the bounty of soldiers discliarged under 
the Conscript act, also that withheld. Read first time passed 
and referred tq C'raniittee on Claims. 

The nniinished business was then taken up, the question 
being on the amendment offered by Mr. Fowle, and accepted 
by Mr, McKay. 

It was agreed to, yeas 71, nays 5. 

A call for the yeas and nays being seconded by one-fifth of 
the members present :, 

Tliose who voted in the affirmative are, 

Messrs. Allison, Bernhardt, Barringer, Beall, Beam, Berry, 
Brown, Bryan, Bryson, Lurgin, Carpenter, Costner, Cowles, 
Crawford, Fleming, Flynt, Foy, Gentry, Gilliam, Glenny, 
Greene, Grier, Grissom, Hampton, Harris of Cabarrus, Hawes, 
Henry of Henderson, Headen, Hollingsworth, Hooper, How- 
ard, Horton, Ingram, Judkihs, Keener, Kelly, Kerner, Kirby, 
Lemmonds. Logan, Long, Love, Lyle, Mann of Pasquotank, 
Manning, iVTcAden, McCormick, McKay, Mcj^eill, McRae, 
ISTissen, Patterson, Peebles, Eeynolds, Eichardson, Eiddick, 
Ehodes, Eobbins, Eobinson, Euss, Enssell of Brunsv/ick, 
Shober, Stancill, Waddell, Walien, Walser, Wellborn, Wood- 
alj, Worth, Young of Iredell and Young of Yancey — 71. 

Those who voted in the negative are, 

Messrs. Amis, Burns, Carter, Henderson and Shepherd — 5. 

Mr. Flemming oflered an amendment to the 4th section to 
strikeout " one year " and insert "three years of the war." 
Accepted by Mr. Grissom for the minority. 

No further amendments being offered, the reading of the bill 
was finished and the question was upon the minority substi- 
tute to the bill of the majcriy of the Military Committee. 

Mr. Waddell offered a preamble to the minority bill as 
follows : 

Whereas, Heretofore an act was passed by the General 
Assembly of I^orth-Carolina. at its sessions of 1S60-'61,, 
aul-horizing the Governor of the State to accept of volnnteer& 



no HOUSE JOURNAL. [Session 

for State service, and whereas tlie raising of said volunteers 
was not carried into effect at t])e time of the passage of said 
law, and whereas this Legislature in the passage of the follow- 
ing Military Bill now under consideration, desire to be under- 
stood as offering no impediment to the operation of the Con- 
scription Act of Congress, and disclaiming any intention to 
throw itself in conflict with the President of the Confeder- 
ate States or the authorities at Kichmond, but simply to carry 
out the provision of an act of the General Assembly, by 
which a state force shall l)e organized. 

After some consideration, Mr, Waddell withdrew tlie 
preamble. Mr. Fleming then offered it as his. The qnes- 
tion being upon its adoption, it was rejected, yeas 41, nays 41, 

A call for the yeas and nays being seconded by one-fifth of 
the members present : 

Those who voted in the affirmative are, 

Messrs, Amis, Bernhardt, Barringer, Beall, Beam, Bizzell, 
Brown, Bryan, Costner, Davenport, Fleming, Foy, Gentry, 
Gilliam, Grier, Hampton, Harris of Cabarrus, Hawes, Hen- 
derson, Headcn, Hooper, Howard, Judkins, Kirby, Lera- 
jnonds, Logan, Long, Love, Manning, McKay, McNeill, 
McRac, Peebles, Reynolds, Rhodes, Robinson, Russ, Shep- 
herd, Spruill, Stancill and Waddell— 41. 

Those who voted in the negative are, 

Messrs. Allison, Alford, Benbury Berry, Biirgin, Burns, 
Carpenter, Carter, Cowles, Craig, Flynt, Glenn, Greene, 
Grissom, Henry of Bertie, Henry of Henderson, Horton, 
Jenkins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, 
Mann of Pasquotank, McAden, McCormick, Nissen, Parks, 
Patterson, Pearce, Richardson, Riddick, Robbins, Russell of 
Brunsv/ick, Shober, Smith, Wallen, Walser, "Wellborn, Wood- 
all, Woi'th, Young of Iredell and Young of Yancey — 44= 

Mr. Russell, of Brunswick, offered an amendment as an 
additional section as follows : 

Sec* 5. Be it farther iiiacted^ In case the three artillery 
companies raised for the defence of the town of Wilmington, 
by an ordinance of the Cojivention ratified- Febrnary 15ib, 



1862-03.] HOUSE JOURNAL. Ill 

,A. D. ISG'2, shall be discharged by the Governor dniing the 
war, or transferred by him, the said artillery companies shall 
,be received into service under the provisions of this act, and 
shall form a part of the State reserves, it being allowed and 
declared hereby that the rank and file in the said companies 
shall choose the regiment or regiments to which they are to 
be attached, and all such parts of the said ordinance as arc 
conti-ary to the provisions of this act are hereby repealed. 
Which was agreed to. 

Mr. Richardson offered an amendment to the 1st section 
as follows : 

' And if after the 1st of February, 1863, the required 10,000 
• have not «orae forward and volunteered, then the Governor 
.shall be authorized to raise by draft or otherwise a number 
sufficient to make the required number of 10,000 men, from 
Justices of the Peace, Militia oiiicers, not otherwise exempt, 
except the Colonel or commanding officer of each regiment 
of thejSIilitia, Captain or commanding officer of each com- 
pany, in case there be no commissioned officer forty-five 
years of age, but if there be one, he only shall be exem^-ttd. 
■ Not agreed to — yeas 11, nays 69. 

A call for the yeas and nays being seconded by one fiftli 
of the members present.. 

Those who voted in the affirmative are : 
Messrs. Beam, Carter, Davenport, Hawes, Ingram, Logan, 
Love, McAden, Richardson and Russ — 11. 
Those who voted in the negative are-: 
Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, 
Barringor, Benbury, Berry, Bizzell, Brown, Bryan, Bryson, 
Burgin, Carpenter,"Costner, Oowles, Craig, Davis, Fleming, 
Flynt, Gentry, Glenn, Greene, Grier, Grissora, Hampton, 
Harris of Cabarrus, Harrison, Henderson, Henry of Bertie, 
.Henry of Henderson, -Headen, Hooper, Howard, Horton, 
Jenkins, Judkins, Keener, Kelly, Kerner, Laws, Long, Lyle, 
. Mann of Hyde, Mann of Pasquotank, Manning, McCormick, 
McNeill, McRae, Nissen, Pivrks, Patterson, Pearce, Peebles, 
Riddick, Rhodes, Kobbins^ Robinson, Russell of Brunswick, 



112 HOUSE JOURNAL. [Session 

Smirl), Stancill, Waddell, Wallen, Walser, Wellborn, Woodall, 
Worth, Young of Iredell, and Young of Yancej — 69. 

The question then recurred upon the substitution of the 
Minority for the Majority Keport, and v>'g,s agreed to — yeas 
54, nays 33. 

A call for the yeas and nays being seconded by one-fifth 
of the members yjresent. 

Tliose who voted in the affirmative arc : 

Messrs. Speaker, Allison, Alford, Amis, Barringer, Benbnry, 
Berry, Bryson, Burgin, Bui-ns, Carpenter, Cowles, Craig, 
Flynt, Gentry, Glenn, Greene, Grissom, Hampton, Henry of 
Bertie, Henry of Henderson, Headon, Hollingsworth, How- 
ard, Horton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, 
Lyle, Mann of Hyde, Mann of Pasqaotank, McAden, Mc- 
Cormick, Mclva}^, McNeill, McRae, Nissen, Parks, Patterson, 
Kichardson, Biddick, Bobbins, Busscll of Brunswick, Smith, 
Waddell, Wallen, Walser, Wellborn, W^oodall, Worth, Young 
of Iredell, and Young of Yancey— -54. 

Those who voted in the negative are t 

Messrs. Bernhardt, Beall, Beam, Brown, Brj^an, Carter, 
Costner, Davenport, Fleming, Foy, Gilliam, Grier Harris of 
Cabarrus, Hawes, Henderson, Hooper, Judkins, Kirb}'-, Lem- 
monds, Logan, Long, Love, Manning, Pearce, Peebles, Rey- 
nolds, Rhodes, Robinson, Russ, Shepherd, Shober, Spruill 
and Stancill — 33. 

The question then being upon the passage of the bill a& 
amended, its 2nd reading it was passed by yeas 48, nays 35, 

A call for the yeas and nftys being seconded by one-fiftb 
of the members present. 

Those who voted in the affirmative ar^ : 

Messrs. Allison, Alford, Benbury, Berry, Burgin, BurnSy 
Carpenter, Covvles, Craig, Flynt, Glenn, Gi-eene, Grissomj. 
Hampton, Henry of Bertie, IIenry»of Henderson, HeadeOy 
Hollingsworth, Howard, Ingram, Keener, Kelly, Kerner, 
Laws, Lyle, Mann of Hyde, Mann of Pasquotank, McAden, 
McCormick, McKay, McNeill, McRae, Nissen, Parks, Patter- 
SOD, Richardson; Riddick. R.^bbins, Russell' of Bruuswickj, 



1862-'63.] HOUSE JOURNAL. 113 

Smith, Waddell, Wallen, Walser, Wellborn, Woodall, Worth, 
Young of Iredell, and Young of Yancey — 18. 

Those who voted in the negative are : 

Messrs. Bernhardt, Barringer, Beall, Beam, Bizzell, Brown, 
Bryan, Bryson, Carter, Costner, Davenport, Fleming, Foy, 
Gilliam, Grier, Harris of Cabarrus, Hawes, Henderson, Hoop- 
er, Jndkins, Kirby, Lemmonds, Logan, Long, Love, Manning, 
Peai-ce, Peebles, Reynolds, Rhodes, Robinson, Russ, Shep- 
herd, Shober and Spruill — 35. 

Mr. Grissom moved to suspend the rules and put the bill 
upon its third reading. 

Received froni the Governor a message transmitting the 
statement of the Bank of Wadesborough. Sent to the Senate 
with proposition to print. 

The hour of 2 o'clock having arrived, the House took a 
recess to 7 o'clock. 



ISTiGHT Session — MONDAY, December 15,, 1862. 

The Speaker stated that the business for consideration was 
the motion of Mr. Grissom to suspend the rules so as to put 
the Military Bill upon its third reading. 

Mr. Grissom withdrew the motion to siispend the rules, 
and moved that the bill be made the special order for to- 
morrow at 11 o'clock. 

To which the House agreed : 

H. B. No. 19, to authorise the Literary Board to elect a 
Treasurer was read the third time and passed. Yeas 46, 
Days 31. 

A call for the yeas and nays being seconded by one-fifth 
of the members present : 

Those who voted in the affirmative are, 

Messrs. Allison, Amis, Avera, Bernhardt, Barringer, Beall, 

Beam, Benbury, Bizzell, Bryan, Bryson, Burgin, Carpenter, 

Carter, Costner, Flynt, Glenn, Grissom, Harrison, Henderson, 

Henry of Bertie, Henry of Henderson, Hollingsworth, 

8 



114 HOUSE JOURNAL. [Session 

Hooper, Judkins, Keener, Kelly, Long, Lyle, Mann of Hyde^ 
Mann of Pasquotank, Manning, McAden, McCormick, Mc- 
Neill, Parks, Robbing, Russell of Brunswick, Shepherd, Sho- 
ber. Smith, Spruill, Wallen, Wellborn, "Woodall and Young 
of Iredell— 46. 

Those who voted in the. negative are, 

Messrs. Berry, Brown, Burns, Cowles, Davenport, Davis, 
(xentry, Greene, Grier,, Harris of Cabarrus, Headen, Howard, 
Horton, Ingram, Kerner, Kirby, Logan, McKay, McRae^ 
Nissen, Patterson, Peebles, Reynolds, Richardson, Rhodes, 
Robinson, Russ, Stancill, Waddell, Walser and Young of 
Yancey — 31. 

H. B. No. 86, a bill concerning the Public Roads was passed 
its third reading. 

The following bills were read,' and under a suspension of 
the rules, passed their second and third readings. 

H. B. No. 89, to amend the charter of the Atlantic, Ten- 
nessee and Ohio Railroad Company. 

H. B. No. 140, resolutions on printing the Governor's In- 
augural Address. 

II. B. No. 173, to charter the Bank of Lincolnton. 

Mr. McAden moved to strike out the words " or its equiv- 
alent." To which the House agreed. 

The bill then passed its second, reading, and the rules being' 
suspended, was put on its third reading, 

Mr. McAden offered an amendment " that the Bank shall 
not issue any bill, note or certificate of deposit \mti\ after 
the ratification of a treaty of peace between the Confederate 
States and the United States." 

Which was rejected. 

The bill then passed, ita, third reading. 

H. B. 170, for the benefit of the Justices of the Peace,. 
refugees from their counties. 

H. B. 172, to change the plqce of comparing polls in the 
44th Senatorial District. 

H. B. 169, to amend an act, entitled; Mjlitia Bill,, ratified 
20th day of September, 1861. 



1862-'63.] HOUSE JOURNAL. 115 

H. B. 58, to amend the charter of the Greenville and 
French Broad Railroad Company, was taken up and rejected. 

H. B. 63, to admit proof of handwriting of attesting wit- 
nesses in certain cases. Amendments of the committee 
agreed to. 

H. B. 68, to modify the act entitled an act to change the 
jurisdiction of the conrts, and to alter the rules of pleading 
therein. 

Mr. Cowles moved to lay the bill on the table, whicb was 
agreed to — yeas 46, nays 33. 

A call for the yeas and nays being seconded by one-fifth 
of the members present : 

Those who voted in the affirmative are, 

Messrs. Bernhardt, Barringer, Beam, Berry, Bryan, Bryson, 
Carpenter, Cowles, Craig, Davis, Flynt, Gentry, Greene, 
Grier, Hampton, Harrison, Hawes, Henderson, Henry of 
Bertie, Headen, Hollingsworth, Horton, Ingram, Judkine 
Kerner, Kirby, Long, McCormick, McKay, McNeill, McRae, 
Nissen, Patterson, Pearce, Peebles, Reynolds, Riddick, 
Rhodes, Robinson, Rnss, Spruill, Waddell, Wallen, Walser, 
Welborn and Young of Yancey — 46. 

Those who voted in the negative are, 

Messrs. Allison, Amis, Avera, Beall, Bizzell, Brown, Bur- 
gin, Burns, Carter, Costner, Davenport, Glenn, Harris of Ca- 
barrus, Henry of Henderson, Howard, Keener, Kelly, Lo- 
gan, Lyle, Mann of Pasquotank, Manning, McAden, Parks, 
Richardson, Robbins, Russell of Brunswick, Shepherd, §bo- 
ber. Smith, Stancill, Woodall, "Worth and Young of Ire- 
dell— 33. 

Mr. McCormick moved to reconsider the vote by which 
the bill to amend the charter of the Greenville and French 
Broad Railroad Company was rejected. To which the House 
agreed. 

The bill then passed its second reading— yeas 32, nays 31. 

Mr. Fleming moved that it be re-committed to the Com- 
rnittee on Internal Improvements, To which the House 
agreed. ' 



il6 HOUSE JOUKNAL. [Session 

H. B. No. 129, to amend the charter of the Cheraw and 
and Coalfields Eailroad Company. Passed its second and third 
readings. 

H. B. No. 60, to amend an act entitled an act to enlarge 
the powers of County Courts for raising revenue. 

Mr. Shepherd offered an amendment as follows: "and in 
the proper relative proportion between State and County 
taxes." Agreed to. 

The bill then passed its second reading. 

The House then adjourned until to-morrow 10 o'clock. 



TtTESDAY, DiECEMBEE 1 6, 1862. 

Ordetea,) That Our part of the Committee on Enrolled Billsj 
consist of Messrs. Avera, Alford, Wallen, Costuer and Grier, 

Mr. Allison from the Committee on Propositions and Griev- 
ances, reported favorably H. B. 157,- to re-establish civil suits- 
in the county of Henderson. 

Mr. Costner from the same, reported favorably H. B. 158, 
for the relief of Wm. E. Mann, late sheriif of Pasquotank. 

Mr. Keener from the same, repfjrted favorably H. B. No. 
161, to incorporate the Silver Lead Mining Company. 

Mr. Walser from the same, reported favorably H. B. No. 
179, a bill to enable the incorporated towns of this State, to 
lay additional taxes. 

Mr. Bernhardt from the same, asked to be discharged from 
the further consideration of the petition of citizens of Chef o- 
kee, for a county distiller. 

Mr. Cowles from the Committee on Private Bills, reported 
favorably with amendments, H. B. No. 162, to incorporate 
the Ban dolpli Manufacturing Company. Also, favorably H. 
B. No. 165, a bill for the relief of the sureties of W. W. Prof- 
fitt. Also, favorably H. B. No. 149, concerning the county 
site of Mitchell county. 

Mr. Kirby from the same, reported favorably H. B. No. 



1862-'63.] HOUSE JOUKNAL. 117 

137, to incorporate the Western N". C. Copper, Gold Mining 
Company, with an amendment. 

Mr. McRae from the Committee on Propositions and Griev- 
ances, reported H. B. No. 201, in favor of W. H. Allen. 

Mr. Burgin from the Committee on Claims, reported favor- 
ably H. B. No. 131, a resolution in favor of C. P. Bryson, 
with an amendment. Also, favorably with amendments H. 
B. ISTo. 154, in favor of Motley and Bowers. 

By request of Mr. Harris, of Cabarrus, the reference of H. 
B. No. 177, was changed from the Committee on Proposi- 
tions and Grievances, to that on Claims. 

By request of Mr. Fleming the reference of H. B. 150, was 
changed from the Judiciary Committee to the Select Com- 
mittee on Extortion. 

Mr. Russell, of Brunswick, introduced a resolution No. 181, 
in favor of Bufus Galloway, and his sureties. Read first time, 
passed and referred to the Committee on Propositions and 
Grievances. 

Mr. Russ presented a bill 182, in favor of the sureties of 
John S. "Willis. Read first time, passed and referred to the 
Committee on Claims. 

Mr. Russ introduced a bill No. 183, concerning sheriffs, 
and their sureties. Read first time, passed'and referred to 
the CoEQmittee on Judiciary. 

Mr. Burgin presented a resolution 184, in favor of R. Y. 
Blackstock. Read first time, passed and referred to the Com- 
mittee on Claims. 

Mr. Burgin presented a resolution 185, in favor of J. R. 
Davis. Read first time, passed and referred to the Commit- 
tee on Claims. 

Mr. Burgin presented a resolution 186, in favor of R. Y. 
Blackstock. Read first time, passed and referred to the Com- 
mittee on Claims. 

Mr. Hampton presented a resolution in favor of E. M. Well- 
born. Read first time, passed and referred to the Committee 
on Claims. 

Mr. Fleming presented a resolution 188, in favor of Capt. 



118 HOUSE JOURNAL. [Session 

W. B. Clements' cavalry company. Read first time, passed, 
and referred to the Committee on Claims. 

Mr. Peebles, a resolution 189, in favor of W. "VY. Happen 
Read first time, passed, and referred to the Committee on 
Claims. 

Mr. Waddell, a resolution 190, in favor L. J. Haughton and 
J. C. Hooker. 

H. B, 'No. 6, to amend an act entitled " An act to enlarge 
the powers of the county courts for raising a revenue for 
county purposes," was passed its third reading. 

H. B. 51, to extend the time of perfecting titles to land, 
heretofore entered, was passed its second reading. 

Mr. Ilorton moved to suspend the rules and put the bill on 
its third reading. Not agreed to. 

Received from His Excellency, the Governor, a message 
transmitting the report of the Trustees of the University. 

Mr. McAden moved that a message be sent to the Senate 
transmitting the documents with a proposition to print. To 
which the House agreed. 

Received from the Senate a message transmitting the fol- 
lowing engrossed bills, which were read the first time and 
passed : 

S. E. 191, to pay the officers and privates of Capt. J. W. F. 
Bank's company for their services. 

S. B. 192, in favor of the sureties of W. D. Humphrey, late 
Sheriff of Onslow county. 

S. B. 193, in favor of Jas. M. Neal. 

S. B. 194, for the relief of Landlords. 

S. B. 195, to amend the Charter of the N. C. Powder Man- 
ufacturing Company. 

S. B, 196, to prevent the harboring of Deserters, and re- 
sisting their arrest. 

S. B. 197, to amend the 102d chapter of Revised Code, 
entitled "Salaries and Fees." 

Mr. Mann, of Pasquotank, moved to suspend the rules and 
put this bill upon its several readings. IS^ot agreed to. 



1862-^63.] HOUSE JOURNAL. 119 

S. i3. 198, concerning the Courts of Pleas and Quarter Ses- 
sions of Franklin qonntj. 

S. B. 199, concerning insane persons. 

The special order was then taken np, it being the passage 
of the Military Bill, as amended on its third reading. 

Mr. Amis offered an amendment, as follows : 

Add at end of section 1st : " Provided, That persons under 
forty 3'^ears of age who are liable to conscription, shall not be 
accepted as part of the force, herein provided for, unless the 
President shall agree to suspend in this State the further ex- 
ecution of the Conscript Law." 

Which was not agreed to — yeas 37, nays 49. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affirmative are, 

Messrs. Amis, Bernhardt, Barringer, Bekll, Browti, Bryan, 
Burgin, Burns, Carter, Davenport, Davis, Fleming, Gentry, 
'Giniam, Grier, Hampton, ^rris of Cabarrus, Hawes, Ben- 
derson, Horton, Jndkins, Kirb}', Lemmonds, Logan, Long, 
Love, Manning, McKay, Peebles, Person, Reynolds, Rhodes, 
Robinson, Rnss, Shephei'd, Shober, Spruill, Stancill and Wal- 
'len— 37. 

Those who voted in the negative are, 

ikiessi's. Aliis6n, Atford, Avera, Benbury, Berry, Bizzell, 
Bryson, Carpenter, Cowles, Craig, Glenn, Greene, Grissom, 
'Harrisoil, Henry of Bertie, Henry of Henderson, Headen, 
Hollingsworth, Hooper, Howard, Ingram, Jenkins, Keener, 
Kelly, Kerner, Laws, Lyle, Mann of Pasquotank, McAden, 
MciSTeill, McRae, jSTissen, Parks, Patterson, Pearce, Richard- 
son, Riddick, Robbins, Russell of Brunswick, Smith, Wad- 
dell, Walser, Wellborn, Woodall, Worth, Young of Iredell, 
and Young of Yancey — 49. 

The bill then passed its 3d reading, yeas 53, nays 36. 

A call for the yeas and nays being seconded by one-fifth 
of the members present : 

Those who voted in the affirmative are, 

Messrs. Allison, Alford Avera, Barringer, Benbury, Berry, 



120 HOUSE JOURNAL. [Session 

Burgin, Barns, Carpenter, Cowles, Craig, Fljnt*, Gentry, 
Glenn, Greene, Grissom, Hampton, Harrison, Henry of Ber- 
tie, Henry of Henderson, Headen, Hollingsworth, Howard^ 
Horton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, 
Lyle, Maun of Hyde, Mann of Pasquotank, McAden, Mc- 
Cormick, McKay, McNeill, McEae, Nissen, Parks, Patter- 
son, Eichardson Eiddick, Eobbins, Eussell of Brunswick, 
Waddell, Wallen, Walser, Wellborn, Woodall, Worth, Young 
of Iredell and Young of Yancey — 35. 

Those who voted in the negative are, 

Messrs. Amis, Bernhardt, Beall, Beam, Bizzell, Brown^ 
Bryan, Bryson, Carter, Costner, Davenport, Davis, Fleming, 
Gilliam, Grier, Harris of Cabarrus, Hawes, Henderson, 
Hooper, Judkins, Kirby, Lemmonds, Logan, Love, Manning, 
Pearce, Peebles, Person, Eeynolds, Ehodes, Eobinson, Shep- 
herd, Shober, Smith, Spruill and Stancill — 36. 

Eeceivedfrom His Excellency the Governor a message 
transmitting a communication Jrom the Public Treasurer. 

Eeferred to the Committee on Finance. 

The special order was then taken up, it being the resolu- 
tions from the Senate declaring, the offices of Adjutant Gen- 
eral, Attorney General, and Solicitor for the 4th Judicial 
Circuit vacant. 

A division of the question being calleti for, the resolutions 
were put separately. 

The question being upon the first resolution declaring the 
office of Adjutant General vacant, it was agreed to — yeas 64, 
nays 16. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Benbury, Berry, Bizzell, Bryan, Bryson, Burgin, 
Burns, Carpenter, Carter, Cowles, Craig, Flynt, Gentry, 
Glenn, Greene, Hampton,. Harris of Cabarrus, Harrison, 
Henry of Bertie, Henry of Henderson, Headen, Hollings- 
worth, Howard, Horton, Ingram, Jenkins Keener, Kelly, 



1862-'63.] HOUSE JOURNAL. 121 

Kerner, Laws, Long, Lyle, Mann of Hydo, AIcAden, McCor- 
mick, McNeill, McRae, Nissen, Parks, Patterson, Pearce, 
Richardson, Riddick, Rhodes, Robbins, Russell of Brnnswick, 
Shepherd, Shober, Smith, Spruill, Waddell, Wallen, Walser, 
"Wellborn, Woodall, Young of Iredell and Young of Yan- 
cey — 64. 

Those who voted in the negative are ; 

Messrs. Brown, Crawford, Fleming, Gilliam, Grier, Hen- 
derson, Hooper, Judkins, Lemmonds, Logan, Love, Man- 
ning, Peebles, Person, Robinson and Stancill— 16. 

The question then being upon the second resolution, declar- 
ing the oflSce of Attorney General vacant, it was agreed to. 

The yeas and nays were called for, but one-fifth of the 
House did not second the call. 

The third resolution, declaring the office of Solicitor for 
the 4th Circuit vacant, was then agreed to. 

A motion calling for the yeas and nays was not seconded 
by one-fifth of the members present. 

Mr. McAden moved that the rules be suspended, and the 
resolutions be put on their third reading. To which the- 
House agreed. 

The resolutions were then read the third time and passed. 

H. B. 38, to abolish the office of Supeintendent of Com- 
mon Schools was indefinitely postponed. 

H. B. 67, to make capital punishment private, was laid on 
the table. 

Leave of absence was granted to Mr. Gilliam from and 
after to-daj, until the 22d, and to . Mr. Stancill for the same 
time. 

The House then took a recess until 7 o'clock. 



Night Session— TUESDAY, December 16, 1862. . 
Mr. Waddell asked leave to introduce a resolution. Leave 
granted, and he introduced a resolution as follows: 
Resolved, That the Speakers of the two Houses of this Gen- 



122 HOUSE JOURNAL. [Session 

eral Assembly close the present session on Monday morning, 
the 22nd inst., at 5 o'clock A. M., by adjourning their respect- 
ive Houses until 11 o'clock A. M. of January 20th A. D. 1863. 

Which was agreed to. 

H. B. 'No. 48, to charter the Unakoa and Hiawassee Turn- 
pike Company, was passed its second reading, and under a 
suspension of the rules, passed its third reading. 

Mr. Shepherd moved a reconsideration of the vote upon 
Mr. "Waddell's resolution. 

To which the House agreed. 

Mr. Peebles offered an amendment to strike out " January 
20th " and insert .the "Ist Monday in February." 

Mr. Amis moved to amend the amendment by saying " 1st 
Monday in June." Accepted. 

The amendment was then rejected. 

Mr. Cowles moved to amend the resolution by inserting 
" January 25th." 

Mr. Kirby moved to amend the amendment by saying the 
" 1st Monday in February." Accepted. 

The amendment was then adopted — yeas 40 nays 34. 

Mr. Love moved to amend the resolution as amended, by 
saying Monday, the 19th day of January. To which the 
House agreed. 

The resolution as amended then passed. 

Mr. Waddell moved to take up H. B. No. 94, relative to a 
Patrol Force in each county of the State. To which the 
House agreed. 

The question then being upon the passage of the bill on its 
second reading. 

Mr. Beall moved to lay the bill upon the table. Not 
agreed to. 

Mr. Grissom moved to substitute H. B. No. 145, for the bill 
under consideration. 

Mr. Avera moved to amend the substitute amendment by 
striking out " ten days." Accepted. 

Mr. Shepherd moved to strike out " as soon hereafter as 
practicable." Accepted. 



1862-^63.] HOUSE JOURNAL. 123 

Mr. McAden moved that the bill and amendmeuts be laid 
on the table. 

To which the House agreed. 

H. B. No. 10, to authorize the Governor to cause Provisions 
and Clothing to be seized, v^as put on its second reading. 

The committee amendments were accepted. 

Mr. Watson moved that the bill be indefinitely postponed, 
which was agreed to. Yeas 45, nays 24. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the afiirmative are : 

Messrs. Allison, Avera, Bernhardt, Barringer, Beall, Berry, 
Brown, Bi'jau, Bryson, Carpenter, Carter, Craig, Gilliam, 
Glenn, Greene, Hampton, Harris of Cabarrus, Harris of Chat- 
ham, Harrison, Henry of Henderson, Horton, Joyner, Kerner, 
Laws, Mann of Hyde, McAden, McCormick, Nissen, Parks, 
Patterson, Reynolds, Riddick, Robbins, Robinson, Russell of 
Brunswick, Shober, Smith, Stancill, Waddell, Wallen, "Walser, 
Watson, Wellborn, Woodall and Young of Iredell— 45. 

Those who voted in the negative are: 

Messrs. Benbury, Burns, Costner, Fleming, Gentry, Grier, 
Hawes. Headen, Ingram, Judkius, Keener, Kelly, Kirby, 
Long, Love, Lyle, Mann of Pasquotank, Manning, Peebles, 
Person, Rhodes, Russ and Shepherd — 24. 

Mr. Peebles moved to reconsider the vote by which the 
bill to amend the act passed at the last session of the General 
Assembly, to alter the times of holding the courts and to 
- change the rules of pleading therein, was on last evening re- 
jected. 

Pending tlie consideration of which motion, the House ad- 
journed. 



WEDNESDAY, December 17, 1862. 
'. Mr. Patterson from the Committee on Propositions and 
Grievances, reported favorably with amendments, H. B. No. 
181, in favor of Rufus Galloway, Sheriff of Brunswick county. 



124 HOL^SE JOURNAL. [Session 

On motion of Mr. Eussell, of Brunswick, the rules were 
suspended, and the bill passed its second and third readings. 

Mr. Slioher from the Committee on Education, reported 
favorably H. B. 121, in relation to Common Schools. 

Mr. Walser presented a memorial from Cormish & 

Co., manufacturers of shoe pegs, asking their workmen be 
exempted from Conscription. Referred to Committee on 
Military Affairs. 

Mr. Russell, of Brunswick, reported adversely H. B. 'Ho. 
13, to abolish the office of State Geologist. 

Mr. Shepherd from the select committee on extortion, re- 
ported favorably with amendments, H. B. 33, for the relief 
of the wives and families of soldiers in the army. 

Also H. B. 49, defining extortion and encouraging honora- 
ble speculation, and recommend that it be considered by the 
House in connection with the revenue bill. 

Also H. B, 150, to prevent and punish extortion,; and re- 
port that in their opinion, the legislation desired is imprac- 
ticable. 

Mr. Burgin from the Committee on Claims, reported ad- 
versely H. B. Ko. 180, authorizing the Public Treasurer to 
repay bounty in certain cases. 

Also, favorably, H. R. No. 184, in favor of R. Y. Black- 
stock. 

Also, favorably, H. R. No. 185, in favor of J. R. Davis. 

Also, favorably, 187, in favor of E. M. Wellborn. 
' Also, favorably, H. R. No. 189, in favor of W. W. Happer. 

Also, favorably, H. R. 182, in favor of sureties of John S. 
"Willis. 

Also, favorably, H. R. No. 177, in favor of Jno. O. Wallace. 

Also, favorably, EL. R. No. 186, in favor of R. Y. Black- 
stock. 

Mr. Flynt introduced a resolution 201, in favor of John 
Martin. Read first time, passed, and referred to the Com- 
mittee on Claims. 

Mr. Grier introduced a resolution 202, in favor of W. W. 



1862-'630 HOUSE JOURNAL. 12^ 

Grier. Read first time and passed, and referred to Commit- 
tee on Claims. 

Mr. Cowles, a resolution concerning salt. Read first time, 
passed, and on motion, the rules being suspended, passed its 
second and third readings. 

Mr, Avera, a bill No. 204, to amend the 8th section of the 
83d chapter Revised Code. Read first time and passed. 

Mr. Grier, a resolution in favor of A. B. Down. Readfirst 
time, passed and referred to the Committee on Claims. 

Mr, Grier, a resolution 206, in favor of Eli Stephens. Read 
first time, passed, and referred to the Committee on Claims. 

Mr. Love introduced a resolution as follows : 

Resolved, That no person shall be made a Justice of the 
Peace at this session of the General Assembly, who is liable 
to conscription, and the member proposing his name shall 
make this fact known. 

Which was not agreed to. 

Mr. Beall moved to take up H. B. No. 95, to amend an act 
entitled " An act for the relief of the Banks and the people." 
To which the House agreed. 

The bill then passed its second reading, and the rules being 
■suspended, passed its third reading. 

Mr. Russell, of Brunswick, moved to take up H. B. 200, a 
bill in favor "W. H. Allen, late Sherifi" of Brunswick. To 
which the House agreed. 

The bill then passed its second reading, and the rules being 
suspended, passed its third reading. 

Mr, Cowles moved to take up H. B. 149, in relation to the 
county site of Mitchell. Agreed to. 

The bill then passed its second reading, and the rules being 
•suspended, was passed its third reading. 

Received from the Senate a message proposing at half-past 
twelve o'clock, to go into the election of Solicitor of the 4th 
Judicial Circuit, and nominating Hon. Thomas Settle. 
Agreed to. 
Mr. Joyner moved that a message be sent to the Senate 



126 HOUSE JOURNAL. [Session 

proposing to go into an election for Adjutant General at 12 
o'clock. 

To ■which the House agreed. 

Mr. Avera nominated Daniel G. Eowle, 

Mr. Joyner nominated John Randolph, 

Mr. Wellborn nominated R. 0. Duval, 

Mr. Riiss nominated R. H, Cowan, 

Mr. Keener nominated 0. P. Brjson, 

Mr. Benbury nominated Wm, E. Mann, 

Mr. Joyner nominated M. Q. Waddell, for Solicitor of the 
4th Judicial Circuit. 

Ordered^ That Messrs Carpenter and Grier constitute our 
part of the committee to superintend the election of Solicitor. 

The hour for the said election having arrived the House 
proceeded- to vote : 

Those who voted for Waddell are : 

Messrs. Benbury, Burgin, Cobb, Davis, Grier, Harris of 
Cabarrus, Harris of Chatham, Hawes, Henderson, Henry of 
Henderson, Headen, Ingram, Joyner,Judkins, Keener, Logan, 
Parks, Pearce, Richardson, Rhodes, Russ, Russell of Bruns- 
wick, Wallen and Williams — 23. 

Those who voted for Mr. Settle are : 

Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Berry, Bizzell, Brown, Bryan, Burns, Car- 
penter, Carter, Costner, Cowles, Craig, Davenport, Flynt, 
Eowle, Foy, Glenn, Grissom, Harrison, Henry of Bertie, 
HollingsM^orth, Hooper, Howard, Horton, Jenkins, Kelly, 
Kerner, Laws, Long, Love, Lyle, Mann of Hyde, Mann of 
Pasquotank, Manning, McAden,^McCormick, McKay, McRae, 
ISlissen, Patterson, Peebles, Reynolds, Riddick, Robbins,, 
Robinson, Shepherd, Shober, Smith, Spruill, Walser, Watson, 
Wellborn, Woodall, Worth, Young of- Iredell— 60. 

Mr. Fleming voted for Mr. Kerk. 

Mr. Avera, from the Committee on Enrolled Bills, sub- 
mitted a report, and the following bills and resolutions were 
approved and signed by the Speaker : 



1862-'63.] HOUSE JOUENAL. 12Y 

An act to amend the charter of the Atlantic, Tennessee and 
Ohio Raih'oad Company ; 

An act to allow further time for the registration of grants, 
conveyances and other instruments; 

Hesolution in favor of S. S. Hicks ; 

An act to establish the Bank of Lincolnton ; 

An act to construct a Railroad from Dallas in Gaston coun- 
ty, by way of Lincolnton to ISTewton in Catawba county ; 

Resolution in favor of T. E. and 0. M. Skinner, Jr. ; 

An act amendatory of the law in relation to sheriff's bonds ; 

An act to provide for the better management and repairs 
of the Western Turnpike Road 5 

An act to amend the charter of the Bank of Lexington, 
and establish the Bank of Graham ; 

An act amendatory of an act to incorporate the Bank of 
"Western North Carolina ; 

An act supplementary to an act passed at the present ses- 
sion of the General Assembly, and ratified on the 9tli day of ' 
December, 1862, entitled an act to amend an ordinance of 
the Convention, entitled " an ordinance to make some pro- 
vision for the families of soldiers dying in the service ; " 

A resolution in favor of Soloman Pool; 

An act to amend the charter of the Cheraw and Coalfields 
Railroad Company, as amended by an ordinance of the Con- 
vention ; 

An act to prohibit the distillation of spirituous liquors ; 

An act to change the place of comparing polls in the 44rth 
Senatorial District ; 

A resolution on printing the Governor's Inaugural Address ; 

An act to amend an act entitled militia bill, ratified 20th 
of September, 1861 ; 

An act for the benefit of Justices of the Peace, refugees 
from their counties ; 

An act to amend the 9th and 12th sections of 101st chapter 
of the Revised Code. 

Mr. Avera moved that a message be sent to the Senate 



128 HOUSE JOURNAL. [Session 

proposing to go iuto au election for Attorney General at 12 
o'clock, and nominated Hon. Sion H. Rogers. 

Mr. Henrj, of Bertie, nominated Benjaman Hardy. 

Mr. Carter nominated Henry A. Gilliam. 

Mr. Fleming nominated W. A. Jenkins. 

H. B. Ko. 81, to amend the 18th section of the 46th chapter 
of the Revised Code, was passed its second reading. The 
rules being suspended, it was put ripo.i its third reading, and 
rejected. 

Received from the Senate a message declining to go into 
an election for Attorney General at 12 o'clock, but proposing 
to go into said election at 10 o'clock. Agreed to. 

Mr. Shepherd moved to take up the bill reported by the 
Finance Committee to provide for the issue of more treasury 
notes. To which the House agreed. 

The bill was then put upon its 3d reading. 

A number of amendments from the Committee on Finance 
were offered by Messrs. Worth, Shepherd and Amis, all of 
which were agreed to. 

The bill then passed its second reading, and on motion of 
Mr. McAden, the rules being suspended, was passed its third 
reading. 

The Speaker announced the question before the House to 
be the motion of Mr. Peebles to reconsider the vote by which 
the bill to alter the tijiie of holding the courts and change the 
rules of pleading therein, was rejected. 

Mr. Cowles moved to lay that motion on the table. Agreed 
to — yeas 57, nays 36. / 

The hour having arrived, the House proceeded to vote for 
Attorney General. 

Those who voted for Mr. Ro&eks are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Berry, Bryan, Burgin, Burns, Craig, Fowle,;"^ 
Grissom, Harris of Chatham, Harrison, Hawes, Henry of 
Henderson, Headen, Howard, Ingram, Jenkins, Keener, • 
Kelly, Laws, Lyle, McAden, McCormick, McNeill, McRae, 
Patterson, Richardson, Robbins, Russ, Shober, Wallen, 



1862-63.] HOUSE JOURNAL. 129 

Watson, "Williams, Woodall, Worth, Young of Iredell and 
Yonng of Yancey — 43. 

Those who voted for Mr. Hakdy are : 

' Messrs. Carpenter, Cowles, Flynt, Gentry, Glenn, Greene,, 
Hampton, Harris of Cabarrus, Henry of Bertie, Hollings- 
worth, Horton, Joyner, Kerner, Manning, Nissen, Parks, 
Rhodes, Russell of Brunswick, Smith, Waddell, Walset 
and Wellborn— 22. 

Those who voted for Mr. Gilliam are : 
■' Messrs. Speaker, Benbury, Bryson, Carter, Mann of Hyde^ 
Mann of Pasquotank, Pearce, Robinson and Spruill — 9. 

Those who voted for Mr. Jenkins are : 

Messrs. Brown, Cobb, Costner, Davenport, Davis, Fleming, 
Grier, Henderson, Hooper, Judkins, Kirby, Lemmonds^ 
Logan,Long, Love, McKay, Peebles, Person and Reynolds-l8. 

Mr. Shepherd voted for Mr. Eaton. 

H. B. 179, to allow incorporated towns to lay additional 
taxes, was passed its second and third readings. 

Mr. Carpenter, from the Committee to superintend tho 
•election of Solicitor, reported that the whole number of votes 
cast was 125, of which Thomas Settle had received 95 ; 
5" Mr. Waddell 29 and Mr. Kerr 1. Mr. Settle is therefore 
declared duly elected. 

Mr. McKay moved to make the bill to amend the charter 
of the Chatham Railroad Company the order for Thursday at 
12 o'clock. To which the House agreed. 

Mr. Carter, from the Committee to superintend the elec- 
tion of Attorney General, reported that the whole number of 
votes cast was 137, necessary to a choice 69, of which H. B.. 
Hardy had received 28 ; H. A. Gilliam 13 ; S. H. Rogers 62 ; 
W. A. Jenkins 32; Mr. Badger 1 and Mr. Eaton 1. No one 
having received a sufficient number of votes, there is no 
election. 

The House took a recess to T o'clock. 



'■v,-« 






130 HOUSE JOURNAL. [Sessioo 

l^iGHT Session— WEDNESDAY, December 17, 1862. 

The House met and was called to order by the Speaker. 

Leave of absence was granted to Mr. Beam from and after 
to-day nntil the adjournment, to Mr. Davenport for the same 
time, to Mr. McRae from and after to-morrow until the 
adjournment. 

Received from the Senate a message proposing to go forth- 
with into an election for Attorney General. Agreed to. 

Ordered^ That Messrs. Mann of Pasquotank, and Costner 
constitute our part of the committee to superintend the elec- 
tion. 

The House proceeded to vote as follows : 

Those who voted for Mr. Rogers are : 

Messrs. Speaker, Allison, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Berry, Bizzell, Bryan, Bryson, Barns, Carter, 
Oowles, Craig, Flynt, Fowle, Glenn, Greene, Grissom, Hamp- 
ton, Harris of Cabarrns, Harris of Chatham, Harrison, Henry 
of Henderson, Headen, Hollingsworth, Howard, Horton, 
Ingram, Jenkins, Joyner, Keener, Kelly, Kerner, Laws, 
Logan, Long, Love, Lyle, Mann of Hyde, Mann of Pasquo- 
tank, Me Aden, McOormick, McRae, Nisseu, Parks, Patterson, 
Pearce, Richardson, Rhodes, Robbins, Russ, Shober, Smith, 
"Wallen, Walser, Watson, Williams, Woodall, Worth, Young 
of L-edell, and Young of Yancey — Gi. 

Those Avho voted for Mr. Gilliam are : 

Messrs. Spruill and Waddell— 2. 

Thpse Avho voted for Mr. Hardy are : 

Messrs. Carpenter, Gentry, Manning and Wellborn — 4. 

Those who voted for Mr. Jenkins are: 

Messrs. Brown, Cobb, Costner, Davenport, Davis, Fleming, 
Foy, Grier, Jiidkins, Kirbj^, Lemmonds, McKay, Peebles, Reiy, 
molds and Robinson — 15. 

Mr. Shepherd voted for Mr, Eaton. 

H. B. 101, to charter the Shelby and Broad River Railroad 
Company, was put on its second reading. 

Mr. Beam oifered a substitute, which was adopted, and the 
"bill passed its second reading. 



1862-'63.] HOUSE JOURNAL. 131 

II. B. 83, concerning the Deep River Works, was put on its 
second reading. 

Mr. Kirbj moved to lay the bill upon the table. To which 
the House agreed. 

Mr. Mann, from the committee to superintend the election 
■of Attorney General, reported that the whole number of votes 
cast was 125, necessary to a choice 63, of which Sion H. 
Rogers received 95 votes, Wm. A. Jenkins 21 votes, H. B. 
Hardy 6 votes, H. A. Gilliam 2 votes, Wm. Eaton 1 vote. 
Mr. Rogers having received a sufficient number of votes is 
therefore duly elected. 

The House adjourned until to-morrow morning 10 o'clock. 



THURSDAY, Decembek 18, 1862. 
Mr. Parks presented a memorial from citizens of Burke 
county concerning salt. 

Mr. Harris of Cabarrus, from the select committee on supply 
■ of salt, reported H. B. No. 90, to provide means to bore for 
salt water in Chatham county and a substitute. 

Mr. Walser reported from the select committee on soldiers' 
bounty, as follows : 

The Joint Select Committee to whom was referred the non- 
payment of the North Carolina soldiers' bounty, have bad the 
same under consideration, and beg leave to report : Mr. 
Gulick, paymaster, was notified and appeared before the 
" committee. From the best information that the committee 
could get from the paymaster, there remain several regiments 
'^■find parts of regiments where the soldiers have not received 
•their additional bounty allowed them by the several ordi- 
nances of the Convention. But it appears from the istatement 
'made by the paymaster, that no one of the volunteers or 
' soldiers has been refused the payment of his bounty when 
presented in proper form and from the proper authority. The 
paymaster farther informed the committee that there is no 
law directly making it the duty of the paymaster to visit the 



132 HOUSE JOUKIS^AL. [Session 

regiments and companies for the purpose of paying soldiers^ 
bounties, but nevertheless, it has been his practice to do so^ 
and he did intend to have visited the army a short time since 
if he. could have provided funds for that purpose. 

The statement of the paymaster accompanying this report 
will show the number of regiments remaining unpaid. The 
soldiers are allowed 6 per cent interest on the bounty in 
certaiiB cases, though it does not appear that any has been 
paid them. 

The committee is unanimously of the opinion that no fur- 
ther legislation on the subject is needed. 

SEGMENTS PAID IN FULL. 

1st, 2d, 3d, 4th, 5th, Tth, 8th, 9th, 10th, 11th, 12th, I4th, 
17th, 18th, 19th, 20th, 23d, 25th, 26th, 2rth, 29th, 30th, 31st, 
32d, 33d, 36th, dOth, 41st, 42d, 43d, 44th, 45th, 46th, 4Tth, 
48th, 49th, 50th, 51st, 52d, 53d, 54th, 55th, 56th, 57th, 58th, 
59th (mostly,) 60th, 61st and 63d. 

, (The N. C. companies) and all battalions but two, and the 
'N. C. companies in the 64th. 

UNPAID. 

6th, 13th, 15th, 16th, 2l8t, 22d, 24th, 28th, 34th, 35th, 37th,. 
38th and 39th. Wharton^s battalion of sharp shooters, Sho- 
ber's battalion. 

Love's regiment of rangers, rolls not filed in Adjutant 
General's office. 

Bounty is due to the conscripts assigned to some of the 
old regiments, which had been paid off before they were 
called out. 

Mr. McKay introduced a resolutiion, 208, in favor of Drury 
King. Kead first time, passed, and the rules being suspend- 
ed, the resolution passed its second and third readings. 

Mr. Russ a bill, 209, to re-organize the militia. Read first 
time, passed, and referred to the Committee on Military 
Afi'aii's, 



1862-'63.] HOUSE JOURNAL. 133 

Mr. Shober a bill, 210, to authorize the incorporated towns 
to lay an ad valorem tax on slaves. 

Mr. Watson, from the select committee on Salisbury pris- 
oners, reported H. B 113, for the strengthening of the laws 
already in force, for the protection of personal liberty, and 
asked to be discharged from its further consideration. 

On motion of Mr. Shepherd, the resolutions reported from 
the committee on Salisbury prisoners, were taken up and 
read the second time. 

Mr. Costner offered an amendment to the first resolution, 
"provided the troops in the service of the State or Confeder- 
ate States are first supplied." Which was agreed to — yeas 
^6, nays 13. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Amis, Avera, Bernhardt, Benbury, Berry, Bizzell. 
Brown, Burns, Carpenter, Cobb, Costner, Cowles, Davis, Flem- 
ing, Flynt, Fowle, Foy, Gentry, Glenn,Greene, Grier, Grissom, 
Hampton, Harris of Cabarrus, Harris of Chatham, Harrison, 
Hawe^, Henderson, Henry of Henderson, Hollingsworth, 
Hooper, Jenkins, Joyner, Judkins, Keener, Kirby, Laws, 
Lemmonds, Logan, Long, Love, Mann of Pasquotank, Man- 
ning, McAden, McCormick, McKay, Mcll^eill, McRae, Parks, 
Patterson, Pearce, Person, Richardson, Rhodes, Robbins, 
Robinson, Russ, Shepherd, Shober, Smith, Spruill, Waddell. 
Wallen, Wellborn, Williams and Woodall— 66. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Bryan, Bryson, Carter, Henry of 
Bertie, Howard, Horton, Kerner, Mann of Hyde, Nissen, 
Walser and Young of L'edell — 13. 

. Received from the Senate a message transmitting an en- 
grossed bill, 211, for the relief of such persons as may suffer 
from the burning of the Court House and records of Hert- 
ford county. Read first time, passed, and under a suspen- 
sion of the rules, passed its second and third readings. 

Received from the Senate a message transmitting the fol- 



13i HOUSE JOURIS^AL. ' [Session 

lowing enrolled bills and resolutions, which were approved 
and signed by the Speaker : 

An act to incorporate the Swift Island Gold Mining 
Company ; 

An act in relation to the Kichmond iVIanufacturing Com- 
pany ; 

An act to amend the charter of the Western Plankroad ; 

An act to incorporate the Macon Leather Company, in 
Macon county ; 

Eesolution in favor of Benj. Fitzrandolph ; 

Resolution in favor of John Blaylock; 

Eesolution in favor of Joseph Welch. 

lleceived from the Senate a message transmitting an en- 
grossed bill to amend the 1st, 12th and 23d sections of 17th 
chapter of the Revised Code. Read first time and passed. 

Mr. Grissom moved a reconsideration of the vote b}' which 
Mr. Costner's amendment was adopted. Agreed to — yeas 
43, nays 41. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. ^ 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Avera, Barringer, Berry, Bryan,. 
Bryson, Burgin, Carson, Carter, Fowle, Glenn, Greene, Gris- 
som, Hampton, Harrison, Henry of Bertie, Howard, Horton, 
Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, Mann of 
Pasquotank, McAden, McNeill, McRae, Nissen, Parks, Rob- 
bins, Russell of Brunswick, Shober, Smith, Wallen, Walser, 
Watson, Wellborn, Woodall, Worth, Young of Iredell, and 
Young of Yancey — 43. 

Those who voted in the negative are : ' 

Messrs. Amis, Bernhardt, Beall, Bizzell, Brown, Burns, 
Carpenter, Cobb, Costner, Davis, Fleming, Foy, Gentry, 
Grier, Harris of Cabarrus, Harris of Chatham, Hawes, Hen- 
derson, Henry of Henderson, Hollingsworth, Hooper, Jen- 
kins, Joyner, Judkius, Keener, Lemmouds, Logan, Love, 
Manning, Patterson, Pearce, Peebles, Person, Richardson, 
Rhodes, Robinson, Russ, Shepherd, Spruill, WaddeJI and 
Williams — 41. 



lB62-^63.] HOUSE JOURNAL. 135 

The lionr for the special order having arrived it was post- 
poned until the question before the House shall be dis- 
posed of. 

The amendment of Mr. Costner was then rejected — yeas 
34, nays 46. 

A call for the yeas and nays being seconded by one fifth 
of the members present, 

Those who voted in the affirmative are : 

Messrs. Bizzell, Brown, Carpenter Cobb, Costner, Fleming, 
Foy, Gentry, Greene, Grier, Harris of Cabarrus, Harris of 
Chatham, Hawes, Henry of Henderson, Hooper, Ingram, 
Judkins, Keener, lemmonds, Logan, Long, Love, Manning, 
McKay, Peebles, Person, Richardson, Rhodes, Robinson, 
Russ, Shepherd, Smith, Spruill and Waddell — 34. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Benbury, Berry, Bryan, Bryson, Carson, Carter, Cowles,, 
Craig, Flynt, Fowle, Glenn, Grissom, Harrison, Henry of 
Bertie, Howard, Horton, Jenkins, Joyner, Kerner, Laws, 
Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCor- 
mick, Nissen, Parks, Patterson, Pearce, Robbins, Russell of 
Brunswick, Shober, Wallen, Walser, "Watson, Wellborn, 
Woodall, Worth, Toung of Ii-edell and Young of Tan-, 
ce}^ — 46. 

Mr. Amis, moved that a message be sent to the Senate 
proposing to go into the election of nine Trustees of the 
University. 

To which the House agreed. 

The question being upon the passage of the first resolution, 
it was decided in the affirmative — yeas 75, nays 4. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Benbury, Berry, Brown, Bryan, Bryson, Burgin,, 
Burns, Carpenter, Carson, Carter, Cobb, Flynt, Fow1e» 
Foy, Gentry, Glenn, Greene, Hampton, Harris of Cabarr 



136 HOUSE JOURNAL. [Session 

rue, Harris of Chatham, Harrison, Hawes, Henry of 
Bertie, Henry of Henderson, Hollingsworth, Hooper, How- 
ard, Horton, Ingram, Jenkins, Joyner, Keener, Kelly, Ker- 
ner, Laws, Logan, Long, Love, Lyle, Mann of Hyde, Mann of 
Pasquotank, Manning, McAden, McCormick, iSTissen, Parks, 
Patterson, Pearce, Person, Richardson, Rhodes, Robbins, 
Robinson, Russ, Russell of Brunswick, Shepherd, Shober, 
Smith, Waddell, Wallen, Walser, Watson, Wellborn, Wood- 
all. Worth, Young of L-edell and Young of Yancey — To. 

Those who voted in the negative are : 

Messrs. Costner, Lemmouds, Peebles and Spruill — 4. 

The second resolution was then read, 

Mr. Person offered the following amendment : 

Provided apphcation for such aid shall be first made to the 
Governor by any prisoner, and it shall be made to appear 
that he is unable to employ counsel. 

Which was rejected — yeas 23, nays 62. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Brown, Bryan, Cobb, Costner, Foy, Greene, Grier, 
Harrison, Hooper, Ingram, Keener, Lemmonds, Logan, Long, 
Love, Manning, McKay, Peebles, Person, Rhodes, Shepherd, 
Spruill and Williams — 23. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barringer, 
Beall, Benbury, Berry, Bryson, Burgin, Burns, Carpenter, 
Carson, Carter, Craig, Flynt, Fowle, Gentry, Glenn, Grissom, 
Hampton, Harris of Cabarrus, Harris of Chatham, Henry of 
Bertie, Henry of Henderson, Ilollingsworth, Howard, Horton, 
Jenkins, Kelly, Keruer, Laws, Mann of Hyde, Mann, of 
Pasquotank, McAden, McCormick, Nissen, Parks, Patterson, 
Pearce, Richardson, Robbins, Rnssell of Brnnsv/ick, Shober, 
Waddell, Wallen, Walser, Watson, Wellborn, Woodall, 
Young of Iredell, and Young of Yancey — 52. 

The question then being upon the passage of the resolution, 
it was decided in the affirmative — ^yeas 65, nays 12. 



1862-'63.] HOUSE JOURNAL. 137 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Berry, Bryan, Bryson, Burns, Carpenter, Carson, 
Carter, Costner, Flynt, Forbes, Fowie, Foy, Gentry, Glenn, 
Greene, Hampton, Harris of Cabarrus, Harris of Chatham, 
Harrison, Henry of Bertie, Henry of Henderson, Hollings- 
worth, Howard, Horton, Ingram, Jenkins, Joyner, Keener, 
Kelly, Kerner,.Laws, Long, Lyle, Mann of Hyde, Mann of 
Pasquotank, McAden, McCormick, I^issen, Parks, Patterson, 
Pearce, Richardson, Rhodes, Robbins, Russell of Brunswick, 
Shepherd, Shober, Smith, Waddell, Wallen, TValser, Watson, 
Wellborn, Woodall, Worth, Young of Iredell, and Young of 
Yancey — 65. 

Those who voted in the negative are : 

Messrs. Brown, Cobb, Davis, Fleming, Grier, Hooper, 
Judkins, Love, Manning, Peebles, Person and Williams — 12. 

The third resolution was then passed. 

The rules being suspended, the resolutions were read the 
third time. 

A call for the yeas and nays was not seconded by one-fifth 
of the members present. 

Mr. Person ofi'ered an amendment : " Provided^ applica- 
tion for such aid shall be first made by any such prisoners." 
Not agreed to. 

The resolutions then passed. 

Received from the Senate a message, declining to go into 
the election of Trustees of the University, 

Received from the Senate a message, transmitting a bill to 
provide for the probate of wills, and granting letters of ad- 
ministration when the county of the residence of testators or 
intestates is in the possession of the enemy, with amendments. 

To which the House agreed. 

Mr. Watson introduced a resolution, 211, to continue the 
Board of Claims. 

The bill to amend the charter of the Chatham Railroad 



13S HOUSE JOURNAL. [Session 

was made the special order for Friday evenin^^, at half past 
seven o'clock. 

Mr. Joyner introduced a bill, No. 212, concerning unlawful 
entry and detainer. Read first time, passed, and referred to 
the Judiciary Committee. 

Mr. Sliepherd moved to take up H. B. Y3, to fix the prices 
of articles of prime necessity, 

Not agreed to. 

Mr. Person moved to reconsider the vote by which II. B. 
81, to amend the 46th chapter, 18th section of the Revised 
Code, passed its second reading. 

To which the House agreed. 

The bill was then put on its third reading. 

Mr. McRae oflTered an amendment ; which being adopted, 
the bill passed its third reading. 

Mr. Shepherd moved to take up the bill in favor of Wm. 
E. Mann. Agreed to. 

The bill then passed its second and third readings. 

Received from the Senate a message, transmitting an en- 
grossed resolution, protesting against the seizure of Iron by 
the Confederate Government, belonging to the State of North- 
Carolina, and now in possession of the Wilmington, Charlotte 
and Rutherford Railroad Company. Read first time and 
passed. 

Pending a motion to suspend the rules, that it be read the 
second and third times. 

The House took a recess until 7 o'clock. 



Night Session— THURSDAY, Decembek 18, 1862. 
The question before the Honse being the resolution in re- 
lation to the seizure of Railroad iron by the Confederate 
Government. 

Mr. Shepherd ofi^ered a substitute as follows : 
jReso^ved, That the Governor of this State be directed to 
notify the Secretary of War that the iron now in possession 



1862-'63.] HOUSE JOURlSrAL. 13d 

of the Wilmington, Charlotte, and Rutherford Railroad Com- 
pany, is, in fact, the property of ISTorth-Carolina, needed for 
the prosecution of one of her public works, and to insist that 
the said iron shall not be diverted from its present use, unless 
it may be demanded by some urgent military necessity of the 
Confederate Government. 

Which was not agreed to — yeas 40, nays 42. 

A call for the yeas and nays being seconded by one-fifth 
of the member? present, 

Those who voted in the affirmative are : 

Messrs. Beall, Benbury, Bizzell, Brown, Carter, Cobb, 
Costner, Davis, Fleming, Foy, Gentry, Glenn, Grier, Harris 
of Cabarrus, Harris of Chatham, Henderson, Henry of Hen- 
derson, Ingram, Joyner, Judkius, Keener, Logan, Long, 
Love, Lyle, Manning, McAden, McCormick, McKay, Peebles, 
Person, Rhodes, Robinson, Russ, Shepherd, Shober, Smith, 
Waddell, Wellborn and Williams — 40. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger. Berry, Bryan, Bryson, Burgin, Burns, Carpenter, Carson, 
Cowles, Craig, Flynt, Greene, Grissom, Hampton, Hawes, 
Henry of Bertie, Hollings worth, Howard, Jenkins, Kelly, 
Kerner, Laws, Mann of Hyde, Mann of Pasquotank, MclSTeill, 
ISTissen, Parks, Patterson, Richardson, Riddick, Robbing. 
Sprnill, Wallen, Walser, Woodall, Worth, 'and Young of 
Iredell— 42. 

Received from the Senate a message proposing to go forth- 
with into an election of nine Trustees for the University. 
Not agreed to. 

The question being upon the passage of the resolutions, 

Mr. Waddell ofi'ered an amendment as follows : 

At the end of the first resolution insert " unless it be as a 
military necessity to finish the Danville Road, and to be 
returned to the Rutherfordton Road in quantity and quality 
so soon as the Confederate Government can do so." 

And at the end of the 2d resolution insert "except for the 



1^0 HOUSE JOUEN'AL. [Session 

purpose of building the Danville Road upon the terms indica- 
ted above." 

Mr. Williams offered as an amendment to the amendment : 
" But while we deny the right, at the same time, in case it 
shall be necessary for the public defence to use this iron, we 
hereby authorize the Governor to deliver the same to the 
Confederate Government, either upon the condition that it 
shall be returned in kind or a reasonable compensation made 
in money as may be agreed between them. 

Which was accepted by Mr. Waddell. 

Mr. Fleming offered to amend the amendment by inser- 
ting between the words "shall" and "be," the words " in 
the opinion of the Governor." 

To which the House agreed. 

The resolutions then passed their second and third readings. 

Leave of absence was granted to Mr. Walser from and after 
Saturday until the adjournment. 

The House adjourned until to-morrow morning ten o'clock. 



FRIDAY, December 19, 1862. 

The member elect from the county of Camden, W, A. 
Duke, appeared, presented his credentials and was qualified 
in .accordance with the law. 

Leave of absence was granted to Messrs. Walser, Young and 
Euss from and after Saturday next. 

The speaker ratified the following bills : 

An act to alter the line between Jackson and Transylvania 
counties. 

An act to incorporate the Presbyterian Publishing and 
Printing Company in the town of Fayetteville. 

An act to perfect certain grants. 

Resolution to employ free persons of color on fortifications. 

An act for the relief of our sick and wounded soldiers. 

Mr. Mann of Pasquotank offered the following resolution : 

Whereas, There is now in the city of Raleigh an immense 



lS62-'63.] HOUSE JOURNAL. 141 

amount of clothing belonging to the State ; and whereas it is 
highly important that the same should be distributed, it is 
therefore, 

Resolved^ That the Governor be requested to have the 
necessary measures adopted by which the clothing now in 
the city of Raleigh, belonging to the State, and intended for 
our troops, shall be transported to the same with dispatch. 
Which was rejected. 

Mr. Howard introduced a resolution, 216, in favor of "W". 
A. Meroney. Read first time, passed and referred to the 
Committee on Claims. >^ 

Mr. Carter introduced a resolution as follows : 
Resolved, That after the third day of any succeeding ses- 
sion of the present General Assembly, the bills, resolutions, 
reports and other business pending at the time of adjourn- 
ment of the next preceeding session, shall be taken up for 
action in their regular order as if there, had been no ad- 
journment. 

Which was adopted. 

Mr. Worth, from the Committee on Finance, reported a 
bill, 217, to create the office of Auditor of Public Accounts, 
Read first time, passed, and on motion of Mr. Worth the rules 
were suspended and the bill put on its second reading. 

Mr. Worth offered an amendment to provide for two 
Clerks. Agreed to. 

Mr. Shepherd moved that the salary of the Clerks should 
be fixed at $1,000 per annum each. Agreed to. 

Mr. McKay moved to make the salary of the Auditor 
$2,000 instead of $2,500. Which was not agreed to. 

The question then being upon the passage of the bill, 

Mr. Peebles called for the yeas and nays, but the call was 
not seconded by one-fifth of the House. 

The bill then passed its second and third readings. 

Mr. Henry of Bertie moved that a message be sent to the 
Senate proposing to go forthwith into an election of Adjutant 
Genera!. Ruled out of order, as this day is set apart for the 
appointment of Justices of the Peace. 



142 HOUSE JOURNAL. [Session 

Mr. Peebles moved that a message be sent to the Senate 
proposing to postpone the appointment of Justices of the 
Peace until January 20, 1863. Which was agreed to. 

On motion of Mr. Williams, ordered that a message be sent 
to the Senate proposing to go forthwith into the election of 
Adjutant General. 

Mr. Ilenry of Bertie, nominated John Pandolph. 

Mr. Gentry nominated R, 0. Duval. 

Mr. Puss nominated P. H. Cowan. 

Mr. Alford nominated Daniel G. Fowle. 

Mr. Keener nominated C. P. Bryson. 

Mr. Mann of Hyde, nominated Wm. E. Mann. 

Mr. Wallen introduced a bill to amend the second section 
of an ordinance of the Convention entitled " an ordinance to 
repeal an ordinance passed at the present session of the Con- 
vention entitled an ordinance amendatory of an ordinance to 
raise JSiorth Carolina's quota of Confederate troops," ratified 
the 19th day of February, 1862, and to extend the provisions 
as to bounty to certain other persons. Pead first time, passed 
and referred to the Committee on Military Affairs. 

Received from the Senate a message agreeing to the amend- 
ments of the House to the resolutions relative to the seizure 
of Raih'oad Iron. 

Also a message transmitting a bill concerning the Justices 
of Johnston county with certain amendments, and asking the 
agreement of the House in the same. To which the House 
refused to agree. 

Also a message agreeing to the proposition of the House to 
postpone the appointment of Justices of the Peace till Jan- 
nary 20, 1863. 

Also a message stating the refusal of the Senate to agree 
to the proposition of the House to go forthwith into the elec- 
tion for Adjutant General. 

Also a message stating that the Senate proposes to suspend 
joint rule No. 5, as far as regards thfe bill entitled " Revenue.'' 

The Speaker presented a communication from the pwbh'c 
Treasurer concering eight per cent bonds. 



1862-'63.] HOUSE JOURNAL. US 

Mr. Amis moved that the document be printed, which 
motion was agreed to. 

Mr. Ilenry of Bertie, moved to take up H. B. 213, to 
amend sections 1st, 12th and 23rd of 17th chapter of the 
Acts of 1860-'61, "Which was agreed to. 

The bill was then read a second time and rejected — yeas 
36, nays 49. 

A call for the yeas and nays being seconded by one-fifih 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Beall, Berry, Bryan, 
Bryson, Burns, Bissell, Craig, Carter, Flynt, Glenn, Hampton, 
Harris of Cabarrus, Henderson, Henry of Henderson, Hol- 
lingsworth, Jenkins, Kerner, Laws, Lyle, McAden, McCor- 
mick, McNeill, Patterson, Richardson, Robbins, Shepherd, 
Shober, Spruill, "Wallen, Watson, Woodall and Young of 
Iredell— 36. 

Those who voted in the negative are : 

Messrs. Bernhardt, Barringer, Benbury, Best, Brown, Car- 
penter, Cobb, Costner, Cowles, Davis, Fleming, Foy, Gentry, 
Greene, Grier, Grissora, Harris of Chatham, Hawes, Henry 
of Bertie, Headen, Hooper, Howard, Horton, Joyner, Jvid- 
kins, Keener, Kelly, Lemmonds, Love, Mann of Hyde, Mann 
of Pasquotank, McKay, JSTissen, Parks, Pearce, Peebles, 
Person, Riddick, Rhodes, Robinson, Rnss, Smith, Waddell, 
"Walser, Wellborn, Williams, Worth and Young of Yancey— 49. 

On motion of Mr. Peebles 

Ordered, That a message be sent to the Senate proposing 
to go forthwith into an election for Adjutant General. 

On motion of Mr. Richardson, a message was sent to the 
Senate proposing to go into an election of five Trustees of the 
Lunatic Assylum to-day. 

Received from the Senate a message transmitting the fol- 
lowing engrossed bills and resolutions : 

A bill concerning a supply of salt. Read first time and 
passed. 



IM HOUSE JOURITAL. [Session 

On motion of Mr. Harris of Cabarrus, the rules were sus- 
pended, and the bill passed its second and third readings. 

A resolution concerning the seizure of Rev. R. J. Graves. 
Passed. 

Received from the Senate a message stating that the Senate 
dechnes to agree to the proposition to go into an election for 
Adjutant General. 

Received from the Senate a message that the Senate de- 
clines to agree to the proposition to go into an election of five 
Trustees of the Lunatic Asylum immediately, but proposing 
to go into that election at 8 o'clock this evening. "Which 
was agreed to. 

On motion of Mr. Shepherd, H. B. No. 33, for the relief of 
the wives and families of soldiers was taken up and read the 
second time. 

The question being upon the amendment reported by the 
committee, it being the amendment of Mr. Cobb. 

Leave of absence was asked for Mr. Kerner, but the House 
refused to grant it. 

Pending the consideration of Mr. Cobb's amendment to 
H. B. No. 33, the House took a recess until 7 o'clock. 



Night Session— FRIDAY, DKCEsnjEK 19, 1862. 

Received from the Senate a message transmitting the fol- 
lowing engrossed bills and resolutions : 

Resolution in favor G. W. Grumpier, late Sheriff of Samp- 
son. Read first time and passed. 

A bill to be entitled "An act to raise revenue for the State." 
Read first time and passed. 

The hour having arrived for the election of Trustees of the 
Lunatic Asylum, the following gentlemen were put in nomi- 
nation : 

P. F. Pescud, D. Cobb, J. E. Williams, J. A. Leak, 0. E. 
Johnson, John G, K^ing? Joseph G. Carroway, Colin Shaw, 



1862-^63.] . HOUSE JOURNAL. 145 

J. T. Leach, Ellis Malone, W. H. Manning, S. J. Person, M. 
Q. Waddell a-id J. B. Williaius. 

Order'ed, That Messrs. Avera and Brown constitute House 
branch of the committee to snperintend the election. 

The House proceeded to vote. 

Mr. Person from the Committee on Military Affairs, re- 
ported H. B. No. 11, to authorize the Governor to employ 
and impress slave labor on State defences, with a substitute. 
The substitute of the committee was adopted, and the bill 
was then read the third time. 

Mr. Hollingswortli moved to amend by striking out $1 and 
inserting $10, in the 4th section, which was rejected. 

Mr. Peebles offered an amendment as follows: 

" That the hired slaves belonging- to minors shall not bo 
pressed into service under this act if the persons hiring said 
slaves have a sufficient number of his own to meet the demand 
made on him ;" which was rejected. 

Mr. Carter offered an amendment, add after the word 
"Auditor," "or Board of'Clairas;" which was adopted. 

Mr. Hollingsworth moved to strike out the 5th section ; 
which was not agreed to. 

The bill then passed its third reading. 

Eeceived a message from the Senate transmitting H. B, 
No. — , with some amendments, and asking the concurrence 
of the House. Concurred in. 

Mr. Grissom m.oved to reconsider the vote by which the 
bill to give the appointment of Adjutant General to the Gov- 
ernor was rejected. 

Mr. Williams moved to lay that motion on the table ; which 
motion was agreed to — yeas 30, nays 38, 
, A call for the yeas and nays being seconded by one-fifth 
of the members present : 

Those who voted in the affirmative are, 

Messrs. Barringer, Benbury, Brown, Cobb. Costner, Davis, 
Foy,Harris of Chatham, Hawes, Howard,Ingram, Joyner, Jud- 
kins, Keener, Logan, Love, Mann of Hyde, Manning, Me- 
10 



146 HOC^SE JOtTRIfAL. [Sessioa 

Kaj, Nissen, Pearco, Peebles, Person, Tliddick,. Rhodes,. Ro- 
binson, Rnss, Waddell, Williams and "Worth— 330. 

Tliose who voted in the negative are : 

Messrs i^llisoii, Alford,- Amis, A vera, Bernhardt, BealT, 
Berry, Best, Brj'^son, Burns, Craig, Carter, Gentry, Glenn, 
Grissoin, Ilampton, Harris of Cabarrus, Henderson, Henry of 
Henderson, Headen, Holliugswortli, Horton, Kelly, Laws,. 
Lyles, McAdenj McConnick, Parks, Richardson, Robbing, 
Shepherd, Shober, Smith, Spruill, Wallen, Wellborn, Wood- 
all and Young of Yancej— SS. 

The question then recurring npon the motion to reconsider^ 
Jt was agreed to. 

Mr. Peebles moved to adjourn, ^vhich was not agreed to. 

The question then being upon the passage of the bill its 
third reading, 

A call for the yeas and nays being seconded by one-fifth 
«f the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall, 
Benbury, Berry, Best, Burns, Carter, Gentry, Glenn, Greene, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 
Henry of Henderson, Hollingsworth, Kelly, Laws, Lyle, Mc- 
Aden, McCormiek, Richardson, Robbins, Shepherd, Shober, 
Spruill, Wallen, Woodall, Worth and Young of Yancey — 34. 

Those who voted in the negative are : 

Messrs. Barringer, Cobb, Grier, Headen, Howard, Keener, 
Manning, Parks, Peebles, Person, Robinson and Smith — 12. 

The Speaker announced that there was not a quorum 
voting. 

Mr. McAden moved that a call of the House be made. 

Mr. Peebles moved to adjourn. Not agreed to. 

The motion of Mr. McAden was then agreed to, and the 
call was ordered. 

The following named members answered to their names: 

Messrs, Allison, Alford, Amis, Avera, Bernhardt, Barrin- 
ger, Beall, Benbury, Berry, Best, Bryson, Burns, Carpenter, 
Cobb, Costner, Carter, Gentry, Glenn, Grissom, Hampton, 



1862-'63.] HOUSE JOURITAL. 147 

Harris of Chatham, Henry of Henderson, Headen, Hollings- 
worth, Howard, Horton, Keener, Kelly, Laws, Lyle, Mann 
of Hyde, Manning, McAden, McCormick, McKay, Parks, 
Peebles, Person, Richardson, Rhodes, Robbins, Shepherd, 
Shober, Smith, Spruill, Wallen, "Wellborn, Woodall, Worth 
and Young of Yancey. 

The following named members did not answer to their 
•names: 

Messrs. Albritton, Baldwin, Beam, Bond, Brown, Bryan, 
Bumpass, Bnrgin, Bynura, Bizzell, Carson, Cowles, Craig, 
Crawford, Davenport, Davis, Dunn, Duke, Fleming, Flynt, 
Fowle, Foy, Gilliam of Rockingham, Greene, Grier, Harris 
■of Cabarrus, Harrison, Hawes, Henderson, Henr^ of Bertie, 
Hodges, Hooper, Ingram, Joyner, Judkins, Jenkins, Kerner, 
Kirby, Lemmonds, Logan, Long, Love, Mann of Pasq^uotank, 
McNeill, McRae, Nissen, Patterson, Pearce, Perkins, Rey- 
nolds, Riddick, Rives, Robinson, Russ, Russell of Brunswick, 
Russell of Craven, Sherwood, Stanford, Stancill, Yann, Wad- 
dell, Walser, Watson, Williams and Young of Iredell. 

Mr. Avera from the committee to superintend the election 
of Directors of the Lunatic Asylum reported as follows : 

The committee appointed on the part of the House to 
superintend the election of five Directors of the Lunatic Asy- 
lum, report that the whole number of votes cast in the two 
Houses was 107, necessary to a choice 54, 

P. F. Pescud received 85;; Rev. Colin Shaw 79 ; James A. 
Leak 73 ; Dr. J. E. Williamson 73 ; Dr. C. E. Johnson 58 ; 
Dr. Ellis Malone 48 ; Dr. John A. Williams 26 ; M. Q. Wad- 
■dell, 23; S. J. Person, 12; J. G. King, 12; W. M. Manning, 
11 ; David Cobb, 10 ; Dr. James T. Leach, 5 ; Dr. W. H. 
McKee, 4 ; A. M. Lewis, 4 ; K. P. Battle, 3 ; Mr. Foy, 3 ; B. 
F. Moore, 2 ; H. S. Smith, 2 ; Dr. Charles Skinner, 2 ; C. B. 
Harrison, 2; J. L. Manney, 1; W. Hughes, 1; Rev. W. 
>Closs, 1; W. A. Steele, 1; Mr. Carroway, 1. 

V, F. Pescud, Rev. Colin Sliaw, James A. Leak, Dr. J. E. 
Williamson and Dr. C. E. Johnson, having received a raajoi'- 
3ty of all the votes cast, are. therefore duly elected. 



jt^h 



H8 HOUSE JOUENAL. [Session 

On motion of Mr. Shepherd, further proceedings under the 
call were dispensed with, and the House adjourned until 
to-morrow 10 o'clock, the question being on the motion to 
reconsider. 



SATURDAY, December 20, 1863. 

Mr. Allison, from the Committee on Propositions and 
Grievances, reported favorably, H. B. 216, in favor of W. A. 
Merouey. 

On motion of Mr. Howard, the rules were suspended and 
the resolution passed its second and third readings. 

Mr. Burgin, from the Committee on Claims, reported 
favorably H. B. 201, in favor of John Martin, late sheriff of 
Stokes County. 

Mr. Howard presented a memorial from citizens of Davie 
county, praying that the tax on toll gates be lessened. 

Mr. Henry of Henderson presented a memorial from cer- 
tain citizens of Henderson lor the appointment of a magis- 
trate. 

Ordered^ That Messrs. Allison, McCormick and Love fill 
the places of Messrs. Alford, Avcra and Grier on the Commit- 
tee on Enrolled Bills. 

Mr. Grissom introduced a resolution, 221, in favor of the 
Engrossing Clerks. Read first time and passed. 

The rules being suspended it was read the second time and 
rejected. 

The Speaker presented a report of the Board of Claims. 

On motion y. 

Ordered^ Tliat it be sent to the Senate with a message 
proposing to print and postpone its further consideration until 
the 20th of January. 

H. 161, a bill to incorporate the Silver Lead Mining Com- 
pany was read the second time and passed. 

On motion of Mr. Beall, the rules were suspended and the 
bill passed its third reading. 



1862-'63.] HOUSE JOURNAL. 149 

H. 217, a bill coucerning bounty to soldiers not citizens of 
tbis State was read second time and passed. 

On motion of Mr. Wallen, the rules were suspended and 
the bill passed its third reading. 

Received from the Senate a message that the Senate pro- 
poses for the remainder of this session to suspend the lifth 
joint rule. 

Which was agreed to. 

Received from the Senate a message agreeing to the pro- 
position to postpone the further consideration of the report 
of the Board of Claims to Jan. 20th, 1863. 

The following bills passed their second and third readings. 

S. 220, a resolution in favor of G. W. Crumpler. 

H. 130j a resolution in favor of Lewis Williamson. 

H. 153, a resolution in favor of C. P. Bryson. 

Mr. Grissom moved to suspend the rules requiring Satur- 
day to be solely for the action upon private bills, and to take 
up 213, a bill to give the appointment of Adjutant General 
to the Governor. 

Which was agreed to — yeas 54:, nays 21. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are: 

Messrs, Allison, Alford, Amis, Avera, Bernhardt, Beall, 
JBenbury, Berry, Best, Bizzell, Bryan, Bryson, Bnrgin, Burns, 
Carpenter, Carter, Cowles, Craig, Duke, Gentry, Glenn, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 
Harrison, Henderson, Henry of Henderson, Headen, Hol- 
lingsworth, Howard, Horton, Ingram, Jenkins, Keener, Kelly, 
Laws, Lyle, Mann of Hyde, Mann of Pasquotank, MciVden, 
McCormick, McNeill, Parks, Patterson, Richardson, Robbing, 
Huss, Shepherd, Shober, Smith, Wallen, Wellborn and 
Woodall — 54. 

Those who voted in the negative are : 

Messrs. Brown, Costner, Davis, Pleming, Foy, Hawes, 
Henry of Bertie, Joyner, Judkins, Lemmonds, Logan, Love, 



150 HOUSE JOtJPcKAL. [Session 

Manning, McKaj, I^earce, Peebles, Person, Rhodes, Robin- 
son, Waddell and Williams — 21. 

Received from the Senate a message, transmitting the fol- 
lowing engrossed bills and resolutions : 

A. bill continuing in force 1st section of an ordinance con" 
cerning collection of taxes in certain counties, passed 4th 
session of Convention. Read first time and passed. 

Resolution in favor of the Doorkeepers. Read first time 
and passed, and the rules being suspended, was passed its 
second and third readings. 

On motion, the consideration of private bills was made the 
special order for 7 o'clock this evening. 

The Speaker announced that he had signed and approved 
the following bills and resolutions ; 

An act ^o establish the office of Auditor of Public Ac- 
counts; 

An act to provide for the probate of wills, and granting 
letters of administration when the county of the residence of 
the testator is in the hands of the enemy ; 

An act in relation to a supply of salt ; 

Resolution in relation to the seizure and transportation 
from the State of R. J. Graves, a citizen of Orange county } 

Resolution in favor of the Doorkeepers ; 

Resolution in favor of Lewis Williamson; 

Resolution in favor of G. W. Grumpier. 

Received from the Senate a message, that the Senate pro- 
poses to go into an election of Auditor of Public Accounts^ 
at half past one o'clock to-daj, and stating that Saml. F. 
Phillips and M. Q. Waddell were in nomination. 

Which proposition was agreed to. 

Mr. Carter nominated John A. Stanly as a candidate for 
Auditor. 

Mr. Peebles nominated Hon. S. J. Person. 
, Mr. Person asked that the nt)mination be withdrawn. 

The question being upon the passage of H. B. 213, Mr* 
Person moved to postpone to the 20th January. 

Which was not agreed to — yeas 26, nays 47« 



1862-'63.] HOUSE JOURNAL. 151 

A call for the yeas and nays being seconded by one-fifth 
of the members present, 

Those who voted in the affirmative are: 

Messrs. Bizzell, Brown, Bryan, Oobb, Davis, Duke, Flem- 
ing, Fey, Harris of Chatham, Hawes, Henderson, Joyner, 
4^udkins, Lemmonds, Logan, Love, Manning, Nissen, Pearce^ 
Peebles, Person, Khodes, Kobinson, Smith, Waddell and 
Williams— 26. 

Those who voted in the negative are^ 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall, 
Ben bury, Berry, Best, Bryson, Burgin, Burns, Carpenter, 
Carter, Cowles, Craig, Gentry, Glenn, Grissom, Hampton^ 
Harris of Cabarrus, Harrison, Henry of Bertie, Henry of 
Henderson, Hollingsworth, Howard, Ingram, Jenkins, Keener^ 
Kelly, Laws, Lyle, Mann of Hyde, Mann of Pasquotank, 
McAden, McCormick, Parks, Richardson, Bobbins, Rnss^ 
Shepherd, Shober, Sprnill, Wellborn, Woodall, Worth and 
Young of Yancey — 47. 

The bill then passed its second reading — yeas 42, nays 32. 

A call for the yeas and nays being seconded by one-fifth 
of the members present, 

Those who voted in the affirmative aret 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beallj 
Berry, Best, Bryan, Bryson, Bnrgin, Burns, Carter, Ci'aig, 
Gentry, Glenii, Grissom, Hampton, Harris of Cabarrus, Har- 
ris of Chatham, Henderson, Hollingsworth, Jenkins, Keener^ 
Kelly, Kerner, Laws, lyle, McAden, McCormick, McNeill, 
Parks, Patterson, Richardson, Robbins, Shepherd, Shober, 
Smith, Spruill, Wellborn, Woodall, Worth and Young of 
Yancey — 42. 

Those who voted in the negative are t 

Messrs. Benbur}'-, Brown, Carpenter, Cobb, Cowles, Davis, 
Duke, Fleming, Foy, Harrison, Hawes, Henry of Bertie, 
Henry of Henderson, Headen, Howard, Ingram, Joyner, 
Judkins, Logan, Love, Mann of Hyde, Mann of Pasquotank, 
Manning, Pearce, Peebles, Person, Riddick, Rhodes, Robin- 
son, Russ, Waddell and Williams — 32. 



152 HOUSE JOURNAL. [Session 

Mr. Grissom moved to suspend the rales that the bill might 
be read the third time. 

Which was not agreed to — two-thirds of the members 
present did not vote in favor of the motion — 3'eas 42, nays 31, 

A call for the yeas and nays being seconded by onerfiftl; 
of the members present, 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beallj 
Berry, Best, Bryan, Bryson, Biirgin, Burns, Carpenter, Carter, 
Craig, Gentry, Glenn, Grissom, Hampton, Harris of Cabar- 
rus, Harris of Chatham, Harrison, Hollingsworth, Jenkins, 
Keener, Kelly, Laws, Lyle, McAden, McCormick, McXeill, 
Parks Patterson, Richardson, Robbins, Shepherd, Shober, 
Smith, Wellborn, Woodall, Worth and Young of Yancey — 42. 

Those who voted in the negative are : 

Messrs. Benbury, Cobb, Cowles, Davis, Dnke, Fleming, 
Foy, Hawes, Henderson, Henry of Bertie, Henry of Hender- 
son, Headen, Howard, Ingram, Joyner, Judkins, Logan, 
Love, Mann of Hyde, Mann of Pasquotank, Manning, McKay, 
Pearce, Peebles, Person, Riddick, Rhodes, Robinson, Russ, 
Waddell and Williams— 3L 

Received from the Senate a message transmitting the fol- 
lowing engrossed bills and resolutions, which were read the 
first time and passed, and the rules being suspended, were 
passed their second and third readings: 

A bill, 225, for the support of the Lunatic Asylum ; 

A resolution, 224, in favor of the Principal Clerks of the 
House and Senate; 

A bill, 226, concerning the Deaf, Dumb^nd Blind Asylum. 

Mr. Amis moved that the Revenue Bill be taken up. 

Mr. McKay moved that it be postponed to January 20th, 
1863. 

Which was agreed to — yeas 45, nays 28, 

Mr. Grissom presented the following resolution ■ 

Besolved,, Tliat the Principal Clerk of the House of Com.- 
mons be instructed to have printed the state of all the bills 
upon his calendar in sufficient number of copies for each 
member of the House, and that they be laid upon the desks 



1862-'63.] HOUSE JOURNAL. 153 

of the members on the 19th day of January, 18(53, — the open- 
ing of the next session. 

WUich was passed. 

Ordered^ That Messrs Cowles and Love constitute our part 
of the committee to superintend the election of Auditor. 

Th« hour set apart for said election having arrived, the 
House proceeded to vote. 

Those who voted for Mr. Phillipb are ; 

Messrs. Allison, Amis, Avera, Bernhardt, Beafl, Berry' 
Brown, Bryson, Cobb, Costner, Foy, Gentry, Glenn, Harris 
of Cabarrus, Harris of Chatham, Harrison, Hawes, Hender- 
son, Henry of Bertie,Headen, Hollingsworth, Howard, Horton, 
Judkins, Kelly, Logan, Lyle, McAd«Ti, McKay, McNeill, Nis- 
sen. Parks, Patterson, Person, Khodes, Robbins, Robinson, 
Rnss, Shepherd, Smith, Williams, "Woodall and Worth— 43. 

Those who voted foi- Mr. Stanly are : 

Messrrs. Speaker, Alford, Beubury, Best, Bryan, Bnrgin, 
Burns, Carpenter, Carter, Cowles, Craig, Duke, Grissom, 
Hampton, Henry of Henderson, Ligram, Jenkins, Joyner, 
Keener, Laws, Mann of Hyde, Mann of Pasquotank, Mc- 
Cormick, Pearce, Richardson, Shober, Spruill, Waddell, 
Wallen and Wellborn— 30. 

Tliose who voted for Mr. Person are : 

Messrs. Davis, Fleming, Love and Peebles — 4. 

On motion of Mr. Logan, H. 43, a bill to allow C. M. 
Green, sheriff of Cleaveland, to collect arrears of taxes, was 
taken up and the rules being suspended, was passed its sec- 
ond and third readings. 

On motion of Mr. Robbins, H. 162, a bill to incorporate the 
Randolph Manfacturing Company was taken up. The amend- 
ments of the Committee were adopted and the bill passed its 
second and third readings. 

Mr. Cowles, from the committee to superintend the elec- 
tion of Auditor, reported that the whole number of votes 
cast was 116, necessary to a choice 59, of which Mr. Phillips 
received 65, Mr. Stanly 36, Mr. Person 11 and Mr. Waddell 
4. Mr. Phillips is therefore declared elected. 



154 HOUSE JOUENAL. [Session 

Mr. Amis moved to take up H. 33, a bill for the relief of 
wives and families of soldiers. 

Pending which motion the House took a recess until seven 
o'clock. 



ISTiGHT Session— SATURDAY, December 20, 1862. 

Mr. Shepherd introduced a resolution, 227, relative to the 
contingent Fund of the Board of Claims. Eead first time and 
passed, and the rules being suspended was passed its second 
and third readings. 

Mr. Shepherd introduced a resolution assigning a room to 
the Auditor. Read first time and passed, and the rules being 
suspended, was passed its second and third readings. 

Mr. McKay moved that the bill to amend the charter of 
the Chatham Railroad Company be made the special order 
on the 26th day January, 1863. 

Mr. Keener, moved to take up H. B.97, requiring the Gov- 
ernor to appoint Commissioners to examine the Agency of 
Cherokee Lands, as relates to Turnpikes in Jackson county, 
and that it be put on its several readings. Agreed to. 

The bill then passed its second and third readings. 

H. B. 'No. 175, to incorporate the town of Marion was then 
taken up and passed its second and third readings. 

H. B. No. 191, to pay the officers and privates of Capt. J. 
F. Banks' company was taken up and passed its second 
and third readings. 

Mr. Grissom moved to take up H. B. No. 33, in favor of 
the wives and families of soldiers. 

Which motion was not agreed to. 

Mr. offered a resolution in favor of the Engrossing 

Clerks. Read first time, passed, and the rules being sus- 
pended, it was put on its second readins. 

Mr. McKay moved to amend by striking out $2 and insert- 
ing $1, which was agreed to. 



1862-'63.] HOUSE JOURNAL. • 155 

The resolution as amended passed its second and third 
readings. 

A message \7as received from the Senate transmitting the 
following bill : 

A bill to authorize and require the Quartermaster of the 
State to pay commutation money to the soldiers of North- 
Carolina for boots and shoes. 

The following bills and resolutions were ratified : 

An act for the relief of such persons as may suffer from 
the burning of the Court House and Records of Hertford 
county. 

An act for the support of the Insane Asylum. 

An act concerning the N. C. Institution for the Deaf, 
Dumb and the Blind. 

A resolution in favor of the Clerks of the House and Senate, 

Resolutions protesting against the seizure of iron by the 
Confederate States belonging to the State of North-Carolina, 
and now in the possession of the Wilmington, Charlotte and 
Rutherford Railroad Company. 

A message was received from the Senate, transmitting the 
following bill. 

A bill to change the term of oflSce of tlie Adjutant General, 
and for other purposes. Passed first reading. 

Mr. "Worth introduced a resolution ; which was passed its 
first readiug, and the rules being suspended, was put on its 
second reading. 

Mr. Shepherd moved to substitute H. B. 213 for the reso- 
lution. Upon which motion the House voted, and there was 
found not to be a quorum present. 

Mr. McAden moved that a call of the House be made ; 
which motion was agreed to. 

The roll was then called, and the following named mem- 
bers answered to their names : 

Messrs. Allison, Amis, Bernhardt, Beall, Benbury, Berry, 
Best, Bryan, Bryson, Burgin, Burns, Carpenter, Carter, Cobb, 
Cowles, Craig, Davis, Duke, Fleming, Foy, Gentry, Glenn, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 



156 • HOUSE JOURNAL. 

Harrison, Henderson, Henry of Bertie, Henry of Henderson, 
Headen, Hollingswortb, Howard, Horton, Ingram, Judkins, 
Keener, Kelly, Logan, Lyle, Mann of Hyde, Mann of Pas- 
qnotank. Manning, Me Aden, McCormick, McKay, McNeill, 
Parks, Peebles, Person, Richardson, Riddick, Rhodes, Rob- 
bins, Shepherd, Sherwood, Shober, Smith of Guilford, Wad- 
dell, Wallen, Wellborn, Worth and Young of Yancey. 
It appearing that there was a quorum present, 
Mr. Carter moved the House proceed to business, and that 
further proceedings under the call be dispensed with. 
Mr. Peebles moved to adjourn. Not agreed to. 
The question being upon Mr. Shepherd's motion to substi- 
tute, the vote was taken, and it was found that there was no 
quorum voting. 

The House then adjourned until Monday morning half past 
4 o'clock. 



MONDAY, Decembek 22, 1862. 

A number of bills were approved and signed by the Speaker. 

Mr. McCormick presented the following resolution : 

Resolmd^ That the thanks of this House are due, and are 
hereby tendered to the Hon. R. S. Donnell, for the zeal, im- 
partiality and efficiency with which he has discharged the 
duties of his office. 

Which was unanimously agreed to. 

The Speaker then announced that in accordance with the 
joint resolution of the two Houses, he did now declare' this 
House adjourned until the 19th day of January, 1863. 



JOURIAL 



OF THK 



HOUSE OF COMMONS 



OF 



NORTH-CAEOLINA, 



AT ITS 



ADJOURNED SESSION 1863-63, 



EALEIGH2 

W, W, HOLDEN, PRINTER TO THE STATE. 
1863, 



JOURNAL 



OF THE 



HOUSE OF COMMONS. 

AT ITS 

ADJOURNED SESSION OF 1862-'63. 



The day and hoiir set apart by a joint order of the two 
. Houses of the General Assembly for the re-assembling of 
those bodies having arrived, the Speaker called the House to 
order, and the roll being called the following members an- 
swered to their names : 

Messrs. Allison, Avera, Benbury, Best, Bryan, Bryson, 
Burgin, Burns, Bynum, Carpenter, Costner, Cowles, Daven- 
port, Flynt, Fowle, Foy, Gilliam, Greene, Henry of Bertie, 
Henry of Henderson, Hooper, Jenkins, Keener, Kelly, Ker- 
ner, Logan; Long, Love, Lyle, Mann of Hyde, McCormick, 
McKay, McRae, Parks, Peebles, Richardson, Rhodes, Rob- 
bins, Russ, Shepherd, Wallen, Williams and Young of Yan- 
cey — 43. 

The speaker announced that there was not a quorum of 
members present. 

On motion of Mr. Love, 

The House adjourned until to-morrow 10 o'clock. 



TUESDAY, January, 20, 1863. 
The roll was called and the following named members were 
present : 



160 HOUSE JOURNAL. • [Session 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt,- 
Barringer, Beall, Benburj, Best, Bizzell,. Brown, Bryan, Brj- 
son, Bnrgin, Burns, Bynum, Carpenter, Carson, Cobb, Cost- 
lier, Cowles, Craig, Crawford, Flynt, Fowle, Foy, Gilliam, 
Greene, Grier, Hampton, narrisi)n, Hawes, Henry of Bertie, 
Henry of Henderson, Hooper, Horton, Jenkins, Joyner, 
Keener, Kelly, Kerner, Laws, Logan, Love, Lyle, Mann of 
Hyde, Mann of Pasquotank, Manning, McAden, McCormick, 
McKay, McRae, Parks, Pearcc, Peebles, Ilicbardson, Eives, 
Rhodes, Bobbins, Robinson, Russ, Shepherd, Sherwood, 
Spruill, Waddell, Wallen, Watson, Williams, Woodall, Young 
of L'edell and Young of Yancey — 72. 

It appeared tliereupon that a quommwas in attendance. 

On motion of Mr. Robbins, Isaac H. Foust, member elect 
from the county of Randolph, whose certificate of election 
had been mislaid, was allowed to qualify and take his seat. 

Mr. Love presented the credentials of Mr. Jas. H. Smith, 
member elect from the county of Washington. 

Messrs. Foust and Smith appeared and were qualified iu 
accordance with the law. 

The Speaker presented a communication from Hon. R. M. 
Saunders, transmitting presentments of the Grand Juries 
ol Polk and Cleveland counties. Read and referred to the 
Committee on Proposition and Grievances. 

Mr. Shepherd presented the following resolution : 

Resolved^ That a select committee of five be appointed by 
the Speaker to inquire and report whether any legislation is 
expedient or proper in order to guard the health of the peo- 
ple now and hereafter from the spread of small pox by a reg- 
ular and systematic mode of vaccination. 

Which was agreed to. 

Ordered^ That Messrs. Watson, McCormick, Beall, Carson, 
and Love be said committee. 

Mr. Love presented a resolution requesting the Governor, 
if not inconsistent with the public interest, to communicate 
^o this House the reports of gejieral officers concerning the 



1862-'63.] HOUSE JOURNAL. 161 

late raid upon onr Eastern counties and other information in 
relation to the movements of the enemy in that section. 

Wliich was agreed to. 

Mr. Waddell introduced a bill, Ko. 233, to stop the inter- 
est on debts when Confederate notes are tendered in pay- 
ment and refused. Read first time and passed. 

Mr. McCormick a bill, ISTo. 234, to amend an act passed 
this session of General Asserabl}'", concerning money due de- 
ceased soldiers. Read first time and passed. 

On motion of Mr. McCormick, the rules were suspended, 
and the bill passed its second and third readings. 

Mr. Henry of Bertie, presented the following resolutions ; 

Resolved hy the House of Commons of the General Assem- 
hly of North-Carolina^ That the language used by the Rich- 
mond Enquirer^ and other ill-tempered partisan papers out 
of and in this State, towards the Legislature of Korth-Caroli- 
na, is alike slanderous^ censorious and unjust, and deserve the 
scorn and contempt of every free and true-hearted son of 
North-Carolina. 

Resolved, That it is with ill grace that any Richmond 
paper seeks to defame the Legislature of North-Carolina, or 
any portion of her people, so long as they owe the very exist- 
ence of that city, and the protection of Unpeople and homes^ 
mainly to the gallant troops of North-Carolina. 

Be it further resolved, That North-Carolina is a free and 
independent sovereign State, and will use all constitutional 
means to defend her rights and liberties against insult and 
oppression, from whatever quarter it may come. 

Mr. Henry moved that the resolutions be printed. Which 
motion was agreed to — yeas 62, nays 19. 

A call for the yeas and nays being j-econded by one-fifth 
of the members present,, 

The following members voted in tlie affirmative : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 

Barringer, Beall, Benbury, Berry, Best, Bizzell, Bryan, Bry- 

8on, Burgin, Burns, Carpenter, Carson, Colwes, Craig, Flynt, 

Foust, Fowle, Green, Hampton, Harrison, Hawes, Henry of 

11 



162 HOL^SE JOURIS'AL. [Session 

Bertie, Ilenrj of Henderson, Howard, Horton, Jenkins, Jo)''- 
ner, Judkins, Keener, Kelij, Kerner, Laws, Long, Love. 
Lyle, Mann of Hyde, Mann of Pasquotank, McAden, McCor- 
mick, McKay, McFCae, Parks, Pearce, Pichardson, Riddick, 
Pobbins, Puss, Sherwood, Smith, Spruill, Waddell, Wallen, 
Watson, AYoodall, Young of L-edell and Young of Yan- 
cey — 62. 

The following members voted in the negative : 

Messrs. Brown, Bynum, Co^sb, Costner, Crawford, Daven- 
port, Davis, Poy, Gilliam, Grier, Hooper, Logan, Manning, 
Peebles, Reynolds, Rives, Rhodes,RobcGon and Williams — 19. 

On motion of Mr. Mann, of Pasquotank, the resolutions 
were made the special order for Thursday at 12 o'clock. 

The Speaker presented a letter from Mr. Baldwin, of Co- 
lumbus county, resigning his seat on account of continued 
ill health. 

On motion of Mr. Waddell, a writ of electi'^'^ '■'^'"^ ordered 
to be issued, and that said election be held on the 29th day 
of January. 

Mr. Shepherd announced the death of Mr. Barrow, mem- 
ber elect from the county of Craven, and on his motion, a 
writ of election was ordered to be issued, and that said elec- 
tion be held on the 29th of January. 

Mr. Costner introduced a bill. No. 235, to legalize a Court 
held in Lincoln county. Read first time and passed, and, on 
motion of Mr. Costner, the rules were suspended and the bill 
passed its second and third readings. 

Mr, Peebles a bill, ISTo. 236, concerning the emancipation [ 
of slaves by will. Read first time, passed, and referred to 
the Judiciary Committee. 

Mr. Henry of Bertie, a bill, ISTo. 237, to authorize the em- 
ployment of a messenger in the Executive Department.— 
Read first time, passed, and the rules being suspended, was 
passed its second and tliird readings. 

Mr. Shepherd a resolution, No. 238, to provide a room for 
iho Engrossing Clerks. Read first time, passed, and the 



1862-'63.] HOUSE JOURNAL. 163 

rules being suspended, was passed its second and third 
readings, 

Tlie Speaker presented a memorial from certain citizens of 
Catawba and Lincoln counties, Kead. 

Also, presentment of the Grand Jury of Burke county, 
which was read and referred to the Judiciary Committee. 

The Speaker having announced that to-day was the day 
set apart for the appointment of magistrates; 

On motion of Mr. Shepherd, 

Ordered^ That a message be sent to the Senate proposing 
to set apart Saturday next, as a day for the appointment of 
magistrates. 

Mr. Peebles presented the following resolution: 

Resolved hy the General Asseiiibly of the State of North- 
CarolinOj^ That «ur Senators in Congress be instructed, and 
our Eepresentatives reojiested to use their exertions for the 
passage of a law making Confederate notes a legal tender for 
the payment of debts. 

E.ead and referred to the Judiciary Committee. 

Mr. Richardson introduced a resolution, 239, in favor of 
O. B. Threadgill. Read first time and passed, and the rules 
[.-being suspended, was passed its second and third readings. 

Mr. Shepherd a bill, 240, to amend an act ratified Dec. 
,. 20th, 1862, entitled " An act to provide ways and means for 
supplying 'the Treasury. Read first time and passed, and the 
rules being suspended, was read the second time. 

Mr. Peebles moved to amend by saying that the Comp- 
troller may employ an assistant whose salary shall not be 
more than $2 per day. 

Which was not agreed to. 

The bill then passed its second and third readings. 

Mr. Brown introduced a bill, 241, to amend the act of the 
last General Assembly entitled "An act to change the juris- 
diction of the Courts and alter the rules of pleading therein." 
Read first time and passed. 

Mr. "W"addell presented a resolution proposing that a com- 
^imittee of two be appointed to wait upon His. Excellency, the 



i 



164 HOUSE JOURNAL. [Session 

Governor, and inform him that the House was ready to re- 
ceive any communication he might he pleased to make. 

Which was agreed to. 

Ordered^ That Messrs. "Waddell and Amis be said com- 
mittee. 

Mr. Young, of Yancey, introduced a resolution, 242, in 
favor of Charles Byrd. Eead first time and passed, and the 
rules being suspended, -was passed its second and third 
readings. 

Mr. Bryan a bill, 243, in favor of M. "Walker. Kead first 
time and passed, and the rules being suspended, was passed 
ite second and third readings. 

On motion of Mr. Watson, the Revenue Bill was made the 
special order for to-morrow at 11 o'clock. 

Mr. Burgin moved that the rules be suspended, and the 
House adjourn until to-morrow at 10 o'clock. 

Kot agreed to. 

On motion of Mr. Shepherd, H. B,, jSTo. 210, to allow in- 
corporated towns to lay an ad valorem tax on slaves, was takeo 
up and read the second time and passed, the rules being sus- 
pended, it was passed its third reading. 

Or motion of Mr. McCormick, H. B. 137. to incorporate 
the Western N. C. Copper, Gold Mining and Copperas Man- 
ufacturing Company, was read second time and passed, and ^ 
the rules being suspended, it was passed its third reading. 

Received from the Senate a message stating the agreement 
of that body to the proposition to set apart Saturday next, 
for the appointment of magistrates. 

On motion of Mr, Waddell, 

The rules were suspended, and the House adjourned undl 
to-morrow 10 o'clock. 



I 



WEDNESDAY, January 21, 1863. 
On motion of Mr. Amis, the use of the Commons Hall 
granted to the Yonuff Men's Christian Association for thi» 



S862-'63.] HOUSE JOURNAL. 165 

evening, that a lecture may be delivered therein by Hon. * 
Jesse G. Shepherd. 

Mr. Waddell presented a resolution concerning passports 
to be issued to citizens by the Provost Marshal, and request- 
ing the Governor to procure from the Secretary of War an 
exemption from such annoyance for the members of the 
Legislature and its officers. 

After consideration of the resolution, 

Mr. Fowle offered as a substitute the following: 

Resolved^ That a select committee of five be appointed to 
inquire into the power under which Lieut, E.. E. Walker, 
calling himself Provost Marshal, requires all citizens to ob- 
tain passes before leaving the City of Raleigh, and report by 
bill or otherwise. 

Which was adopted ; and the resolution, as amended, was 
agreed to. 

Ordered^ That Messrs. Fowle, Grissom, Peebles, Foy and 
Allison, be said committee. 

Ordered^ That Messrs. Robbins, Cobb, Richardson, Bynum 
and Carpenter, constititute our part of the Committee on 
Enrolled Bills. 

Mr. Costner introduced a resolution, No. 244, in favor ©f 
Daniel Tucker. Read first time, passed, and referred to 
Committee on Claims. 

Received from the Senate a message, transmitting H. B. 
No. 234, with an amendment adopted by that body, and ask- 
ing the agreement of the House to the same. 

Amendment agreed to. 

On motion of Mr. McKay, H, B. 194, for the relief of 
l^dlords, was taken up, and read the second time. 

Mr. McKay moved to amend that its provision should be 
in force only during the war. Not agreed to. 

Tbe bill then passed, and the rules being suspended, was 
p-assed its third reading. 

Mr. Foy introduced resolutions No. 245, in relation to the 
}i|jerty of the people. Read first time and passed. 

Mr. Foy moved to suspend the rules, pending the consid- 



im HOUSE JOUKFAL. [Session 

eration of which motion, the special order, it being the Keve- 
Eue Bill, was taken up. 

Mr. Manning moved to amend the 1st section by striking 
out after the word "State," in the i'th line, to the word "ex- 
cepting," in the 14th line, and insert: " wliich slaves, except- 
ing mechanics, shall be distributed into the following classes, 
and are hereby declared to lie of the following values : children 
under five years of age, $100 ; from live to ten years of age, 
$200 ; from ten to fifteen j^ears of ago, $350, Men froui fif- 
teen to thirty years of age, $600 ; from thirty to forty years^ 
$450 ; from forty to fifty years, $350 ; irom - fifry to sixty 
years, $500. Women from fifteen to twenty-five years, $600 ; 
from twenty-five to thirty-five years, $450 ; from thirtj-five to 
forty years, $350 ; from forty to fifty years, $200. And all 
slaves habitually employed in any mechanical trade into the 
following classes, and of the following values: from eighteen " 
to thirty-five years of ago, $,1000; from thirty-five to forty- 
five years, $850 ; from forty-five to fifty-five years, $550 ^ 
from fifty-five to sixty years, $400. All other slaves not in- 
cluded within the aforesaid classes to be deemed of the value- 
of $25. ^ '■' 

Which amendment was agreed to; 

iVIr. Cowles moved to strike out the 6th clause of the 1st 
section, which provides for taxing "horses, mules, cattle, 
hogs, and other live stock i-aised or kept for sale, and not for I 
the use of the owner. ' Which was not agreed to. 

Mr. Shepherd moved to amend, by inserting at the end of 
line 26, 1st section, as follows: "Money invested in manu- 
facturing of any kind, and in every species of trade, where 
some other tax is not laid by another section of this act.'^ "'' 

Which amendment was agreed to. 

On motion of Mr. Shepherd, the 2d section, 6th line, was ' 
was amended by striking out "and" between the words- 
"structures and edifices," and inserting after "edifices" the" - 
words "and parsonages." 

On motion of Mr. Shepherd, the 4th section, 2d line, was**^ 
amended, by striking out the words " Banks and." 






1862-'63.] HOUSE JOURNAL. 167, 

Mr. Sherwood moved to amend the 6th section, 4th line — 
insert before the word " school " the word " original." Not 
agreed to. 

On motion of Mr. McCormick, the 6th section, 5th lino 
was amended, by striking out the words " or for each school 
district, at the option of the Court." 

Mr. Itobbins moved to amend section 52, clause 11, line 
63, bj striking out the word " two " and inserting " one," and 
in line 69, by striking out the figure "8" and inserting figure 
"4." Not agreed to. 

Mr. Glenn moved to amend section 52, clause 11, line 67, 
after the word "dollar," by inserting "provided the scalp of 
a fox be received in li^u thereof." Not agreed to. 

On motion of Mr. McKay, section 52 was amended, by in- 
serting at the end of- clause 11, ^^ Provided, koioeveVy That 
the County Court of each county, a majority of the Justices 
being present, in their discretion may levy the above taxes 
on dogs, and the taxes collected levied under this section be for 
county purposes. 

Mr. Bryson moved to strike out all of clause 11, section 63 
Kot agreed to.' ' 

Mr. Amis, by leave, introduced a resolution amending the- 
rules so as to repeal the rule adopted %t the last session pro- 
viding for a meeting of the House at 10 o'clock, A. M., that 
it shall sit until 3 P. M., and then adjourn to meet at 7 P. M. 

On motion, 

The House tidjourned until to-morrow 10 o'clock. 



THURSDAY, Januakt 22, 1863. 

The Speaker presented the report of the Board of Claims ; 
which was read and ordered to be sent to the Senate. 

Received from the Senate a message, stating that the Sen- 
ate proposes to raise a joint select committee of two upon its 
part, and three upon the part of the House, who shall exam- 



168 HOUSE JOURITAL. 

ine the arrangement of the public offices, and report a 
scheme for their better distribution. 

Which proposition was agreed to. 

Ordered, That Messrs. Foust, Euss and Burgin constitute 
our part of said committee. 

Mr. Flynt presented a petition from citizens of Stoke& 
county lo change the time of holding a term of the County 
Court. Read, 

Mr. Flynt introduced a bill to change the time of holding 
a terra of the County Court of Stokes county. Eead first 
time and passed, and the rules being suspended, was passed 
its second and third readings. 

Mr. Fowle, from the Judiciary Committee, reported a reso- 
lution concerning negroes owning dogs, and asked to be dis- 
charged from its further consideration. 

Also, Mr. Fowle, from same committee, reported favorably 
H. B. 146, concerning sales of land. 

Mr. McKay, from the same committee, reported adversely 
H. B. 147, for the relief of sheriffs, 

Mr. Amis, from the same, reported adversely H. B 232, 
a bill for the benefit of persons who have entered vacant 
lands. 

Mr. Waddell, also from the same, reported H. Bill 212, 
concerning unlawful entry and detainer, and asked to be dis- 
charged from its farther consideration. 

Mr. Fowle, from the select committee concerning passes to 
citizens, reported that Lieut. Walker appeared before them, 
and disclaimed any power to require all citizens to get pass- 
ports of him ; that it would, though, be of great benefit to 
citizens to obtain such "passports when about to visit places 
•where martial law prevailed, and asked to be discharged from 
the further consideration of the subject. 

Report of committee was agreed to. 

Mr. Mann of P. introduced a resohUion, 247, in favor of 
M. F. Shaw, Read first time, passed, and referred to the 
Committee on Claims. 

Mr. Headen presented a resolution as follows ; 



1862-'63.] HOUSE JOURNAL. 160 

Resolved^ That in the opiDion of the General Assembly of 
North-Caroh'na, flogging is a mode of punishmont that ought 
not to be practiced in the Confederate States army, and that 
our Senators and Representatives be requested to use their 
influence to have the same stricken from the army regula- 
tions. ' 

On motion of Mr. McKay it was amended, by inserting 
after the word " flogging," the words " bucking and gagging*" 

The resolution, as amended, was then agreed to: 

Mr. Shepherd introduced a resolution, No. 248, concerning 
soldiers' bounty. Read first time, passed, and referred to the 
Committee on Propositions and Grievances. 

Mr. McAden a resolution, 249, in favor of Wm. J. Murray. 
Read first time, passed, and referred to Committee on Propo- 
sitions and Grievances. 

Mr. Love a resolution, 250, in favor of "Wm. Green, Read 
first time and passed. 

Mr. Peebles a bill, 251, by which free persons of color may 
enslave themselves. Read first time and passed, and ordered 
to be printed. 

Mr. Peebles a bill, 253, to change time of meeting of the 
General Assembl3^ Read first time and passed. 

Mr. Sherwood a bill, 253, to change time of meeting of 
the General Assembly. Read first time and passed. 

Mr. Carson a bill, 254, concerning Justices of the Peace 
in Alexander county. Read first time and passed. 

Mr. Young of Yancey, a bill, 255, in favor of A. A. Wise- 
man, Sheriff of Mitchell county. Read first time and passed. 

Mr. Wallen a bill, 256, in favor of H. Hunter. Read first 
time and passed. 

Mr. Lemmonds a bill, 257, in favor of C. Austin. Read 
first lime and passed. 

Mr. Bryan a bill, 258, to change the Probate Court of 
Rutherford county. Read first time and passed. 

Mr. Allison a bill, 259, to incorporate the Orphans' Edu- 
catioal Board. Read first time and passed. 

Mr. Henry of Henderson, a bill, 260, to legalize the pro- 



iro HOUSE JOURXAL. [Session 

ceedings of a Oountj Court in Henderson county. Read 
lirst time, passed, and the rales being suspended, was passed 
its second and third readings. 

On motion of JVEr. Bryan, the rules were suspended, and 
tlie bill jnat introduced by him, 258, was passed its second' 
and tin id readings. 

Received from the Senate a message, therewith trans- 
mitting tlie following engrossed bill and resolution : 

A bill, 261, to incorporate the town of Chestnut Hill, in 
Rowan county. Read lirst time and passed* 

Resolution, 262, concerning manufacture of Cotton Cards. 
Read ti'-st time, passed, and the rules being suspended, was 
passed its second and third readings. 

Received from the Senate a message, stating its pr^rt of 
the committee concerning public ofBces. 

Received from the Senate a message, stating that the 
Senate proposes to raise a joint committee of three on its 
part, and five upon the part of the House, in reference to the 
communications from other States as to guaranteeing the 
Confederate debt. 

Which proposition was agreed to. 

Ordered^ That Messrs. Grissom, Shepherd, Person, Shober 
and Allison constitute our part of said committee. 

Mr. Amis called up his resolution rescinding the rule that 
the House shall meet at 10 o'clock, and adjourn at 2 o'clock, 
to meet again at 7 o'clock in the evening ; and it was passed. 

The considei'ation of the unfinished business of yesterday, 
it being the Revenue bill, was then resumed. 

Mr. McAden moved to strike out all of clause 13, section 
62. Not agreed to — yeas 36, nays 51. 

A call for the yea's and nays being seconded by one-fifth 
of the members present. 

Those who voted in the -affirmative are : 

Messrs. Avera, Bizzell, Bynum, Carpenter, Carson, Cobb, 
Cowles, Crawford, Davenport, Foy, Greene, Grissom, Hamp- 
ton, Harrison, Henry of Bertie, Henry of Henderson, Head- 
en, Hooper, Howard, Horton, Jenkins, Joyner, Lemmonds, 



1862-'63.] HOUSE JOURNAL. lYl 

Love, Mann of Hyde, Mann of Pasquotank, McAden, Mc- 
Cormick, McKay, Patterson, Pearce, Peebles, Robinson, 
Watson, Williams, Woodall and Young of Yancey — 3G. 

Those wlio voted in the negative are : 

Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar- 
ringer, Beall, Benbury, Berry, Best, Bri^wn, Bryan, Bryson, 
Bnrgin, Burns, Costner, Craig, Flynt, Foust, Fowle, Gentry, 
Gilliam, Grier, Hawes, Henderson, Jiidkins, Kelly, Kerner, 
Laws, Logan, Long, Lyle, Manning, McRae, Parks, Per- 
kins, Person, Richardson, Rives, Rhodes, Bobbins, Rnss, 
Shepherd, Sherwood, Shober, Smith of Washington, Spruill, 
Waddell, Wallen, Walser and Young of Iredell — 5L 

Mr. Watson moved to amend section 52, clause 14, 96th 
and 99th lines by striking out the word "purchases" and in- 
serting "profits," the amendment from the Senate to insert 
"sales" having been rejected. 

Mr. Watson's amendment was agreed to — yeas 70, nays 13. 

A call for the j^eas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the aflBrmative are : 

Messrs. Allison, Alford, Amis, Avera, Bernhardt, Beall,' 
Benbury, Berry, Best, Bizzell, Brown, Bryan, Burgin, Burns, 
Bynum, Carpenter, Carson, Cobb, Costner, Cowles, Craig, 
Crawford, Flynt, Foy, Gentry, Gilliam, Glenn, Greene, 
Hampton, Harrison, Hawes, Henderson, Henry of Hender- 
son, Headen, Hooper, Howard, Horton, Joyner, Jndkins, 
Laws, Lemraonds, Logan, Long, Lyle, Mann of Pasquotank, 
Manning, McAden, McCormick, McKay, McRae, Patterson, 
Pearce, Person, Reynolds, Richardson, Rives, Rhodes, Rob- 
inson, Russ, Shepherd, Sherwood, Shober, Smith, Waddell, 
Wallen, Watson, Williams, Woodall, Young of Iredell, and 
Young of Yancey — 70. 

Those who voted in the negative are : 

Messr. Albritton, Barringer, Beam, Bryson, Davenport, 
Foust, Kelly, Kerner, Mann of Hyde, Robbins, Spruill and 
Walser— 12. 

Mr. Shepherd moved to amend the amendment by striking 



172 HOUSE JOURNAL. [Session 

out all after the word " ten " in the 98th line and inserting 
" cents per gallon on the amount of his sales." "Which was 
not agreed to. 

Mr* Cowles moved to amend by inserting after " spirituous 
liquors" in the 94th line "spirits of turpentine," and in the 
98th line after " spirituous liquors distilled in this State," add 
" spirits of turpentine distilled in this State." Which was 
not agreed to. 

Mr. Berry moved to amend 9Sth line of clause 14, section 
52, by striking out the word " ten " and inserting the word 
" twenty." Which was not agreed to. 

A call for the yeas and nays was not seconded by one-fifth 
of the members present. 

Mr. Allison moved to amend clause 15 of section 52 as fol- 
lows : In 113th line strike out the word " one " and insert 
" two ;" strike out of 116th line the word " two " and insert 
*' four ; " strike out of 119th line the word " three " and insert 
" six." Which were not agreed to. 

On motion of Mr. Shepherd, section 69, clause 4, line 24, 
was amended by striking out all after the word " State," and 
inserting " two per cent, tax on their gross receipts." 

On motion of Mr. Shepherd, section 69, clause 11, line 43, 
was amended by striking out the word "sixty" and insert- 
ing " one hundred." 

On motion of Mr. Brown, section 69, clause 15, line 70, 
was amended by striking out the word " thirty-five " and in- 
serting the word " fifty." 

On motion of Mr. Shepherd, section 69, clause 27, was 
amended by adding at the end of the clause : Provided^ that 
nothing herein contained shall subject to a double tax the 
estate of a soldier in the service." 

Mr. Avera moved to amend section 80, clause 3, line 19, 
by striking out the words " every marriage license." Which 
was not agreed to. 

On motion, the Revenue Bill was made the special order 
for Monday next at 11 o'clock. 

On m6tion, the House adjourned until to-morrow 11 o'clock. 



1862-'63.] HOUSE JOUENAL. 173 

FRIDAY, jANgARY 23, 1863. 

Mr. Parks introduced a bill to correct errors on the tax roll 
ofBnrke county. Read first and passed, and under suspen- 
sion oftLe rules was passed its second and third readings. 

Mr. Ingram introduced a resolution 265, in favor of John 
A. Long. Read first time, passed and under a suspension of 
the rules was passed its second and third readings. 

Mr. Walser a bill, 266, accompanied by a memorial, in fa- 
vor of Percy Ann "Walker, a free person of color. Read first 
time and passed. 

Mr. Craig a bill, 267, in favor of Isaac A. Rue, late sheriff 
of McDowell county. Read first time, passed and under sus- 
pension of the rules passed its second and third readings. 

Mr. Shober a bill, 268, concerning fees of clerks and she- 
rififs. Read first time, passed and referred to the Judiciary 
Committee. 

Mr. Shober a bill, 269, to authorize guardians and others 
Jiolding funds in trust to invest the same in Confederate bonds. 
Read first time, passed and referred to the Judiciary Com- 
mittee. 

Mr. McKay a bill, 270, to authorize the Governor to issue 
commissions to hold courts of Oyer and Terminer and for other 
purposes. Read first time, passed and referred to the Judi- 
ciary Committee. 

Mr. Shepherd a bill, 271, to provide for the establishment 
of Iron Works for the manufacture of railroad and other iron. 
Read first time, passed and ordered to be printed. 

On motion of Mr. Fowle, the use of the Hall was this even- 
ing granted to the Young Men's Christian Association. 

On motion of Mr. Amis, 

Ordered^ That a message be sent to the Senate stating that 
the House proposes on Monday at 1 o'clock to go into an 
election of nine Trustees of the University. 

On motion of Mr. Amis, the Revenue Bill was made the 
special order for Monday next at 11 o'clock. 

Received from the Senate, a message declining on Monday 
next to go into an election for Trustees of the University. 



174 HOUSE JOURlN^AL. [Session 

On motioD of Mr. Grissora, H. B. No. 213, to amend Ist, 
12tli and 23d sections of chapter 17, of Acts of 1861, was 
taken np and read the third time. 

Mr. Peebles offered as a substitute the following : Strike" 
out all after the enacting clause and insert "That the term of 
office of the Adjutant General sliall be two years ; but he may 
be removed from office at tlie option of th'e Governor. Any 
vacancy in said office during a recess of the General As- 
sembly may be filled by the Governor, and his appointee 
shall hold his office till a successor is elected by the Gener- 
al Assembly, or until he shall be removed by the Governor." 

AVhich was not agreed to. Yeas 8, nays 74. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Cobb, Joyner, Logan, Peebles, Reynolds, Rives, 
Robinson and Williams — 8. 

Those who voted in the negative are : 

Messrs Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Beam, Berry, Best, Blzzell, Bryan, Bryson, 
Burgin, Burns, Bynum, Carpenter, Carson, Costner, Cowles, 
Craig, Crawford, Davenport, Dunn, Flynt, Poust, Foy, Gen- 
try, Gilliam, Glenn, Greene, Grissom, Hampton, Harrison, 
Henderson, Henry of Henderson, Headen, Hooper, Howard, 
Horton, Ingram, Jenkins, Judkins, Keener, Kelly, Kerner, 
Laws, Lemmonds, Long, Lyle, Mann of Hyde, Mann of 
Pasquotank, Manning, McAden, McOormick, McKaj', McRae, 
Parks, Patterson, Perkins, Richardson,' Rhodes, Robbins, 
Russ, Shepherd, Sherwood, Shober, Smith of Washington, 
Waddell, Wallen, Walser, Watson, Wellborn, Woodall, Young 
of Iredell and Young of Yancey — 74. 

The question then recurring upon the passage of the bill 
its third reading, it was decided in the affirmative — yeas 63, 
nays 25. 

A call for the yeas and naj3 being seconded by one-fifth 
of the members present, 

Those who voted in the affirmative are : 



1862-63.] HOUSE JOURNAL. 175 

• 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Beam, Berry, Best, Bizzell, Brown, Bryan, 
Bryson, Burgin, Burns, Bynimij Carpenter, Carson, Costner, 
Craig, Dunn, Flynt, Fonst, Gentry, Glenn, Greene, Grissoui, 
Hampton, Henry of Henderson, Headen, Hooper, Horton, 
Jenkins, Keener, Kelly, Kerner, Laws, Long, Lylo, McAden, 
McCormick, McKay, McRae, Pai-ks, Patterson, Perkins, 
Richardson, Bobbins, Buss, Shepherd, Sherwood, Sliober, 
Smith of Washington, Spruill, WalJen, Walser, Watson, Well- 
born, Woodall, Young of L-edell, and Young of Yancey — 63. 

Those who voted in the negative are : 

Messrs. Cowles, Crawford, Foy, Gilliam, Grier, Llarrison, 
Hawes. Howard, Ingram, Joyner, Judkins, Lemmonds, Logan, 
Love, Mann of Hyde, Mann of Pasquotank, Manning, Pearee, 
Peebles, Reynolds, Rives, Rhodes, Robinson, Waddell and 
Williams— 25. 

Mr. McAden moved to reconsider the vote yr.zt had, and 
moved to lay that motion on the table. 

Tlie Speaker ruled that Ihe gentleman could have but one 
motion before the House at a time. 

Mr. McAden then moved to reconsider the vote. 

On motion of Mr. Grissom, that motion was laid upon the 
table. 

On motion of Mr. Peebles, H. B. 147, for the relief of 
•Sheriffs, was taken up and read the second time. 

The bill was considered and rejected. 

Received from the Senate a message, therewith transmit- 
ting the following engrossed bills: 

A bill, No. 272, for th^e relief of persons who have overpaid 
or may hereafter overpay, taxes. Read first time aud passed. 

A bill, 273, to authorize C. A. Boon, Sheriff of Guilford, 
and Jos, Lusk, Sheriff of Gaston, to collect arrears of taxes. 
Read first time, and under a suspension of the rules, was 
passed its second reading. 

A bill, 274, to authorize the Auditor of Public Accounts to 
administer oaths. Read first time and passed. 

On motion of Mr. Mann of Pasquotank, H. B= No. 232, 



176 HOUSE JOURNAL. [Session 

concerning land heretofore entered, was taken up and under 
a suspension of the rules, passed its second and third readings. 

Received from the Governor, by his Private Secretary, 
Mr. R. H. Battle, a message transmitting a proposition from 
Messrs. Jones to manufacture salt for the State. 

Mr. Waddell introduced a resolution to carry out the views 
of the Governor. Read first time, passed, and under a sus- 
pension of the rules, was read the second time and rejected. 

On motion of Mr. Shepherd, 

Ordered^ That a message be sent to the Senate with the 
message of the Governor, and stating that the House of Com- 
mons proposes to refer the subject to the joint committee on 
supply of salt. 

On motion of Mr. Shepherd, the House went into secret 
session. 

Which being over, on motion of Mr. "Walser, H. B. No. 33, 
a bill for the relief of the wives and families of soldiers in the 
army, was taken up and read the third time. 

The question being upon the adoption of the amendment 
offered by the committee, 

Mr. Manning offered an amendment to the 4th section, 
which was not agreed to. 

Mr. Bynum offered a proviso to the 3d section, whicli was 
not agreed to. 

Pending the consideration of H. B. 33, 

On motion. 

The House adjourned until to-morrow 10 o'clock. 



SATURDAY, Januaky 24, 1863. 

Mr. Robbins, from the Judiciary Committee, reported ad- 
versely H. B. 183, concerning Sheriffs and their sureties. 

Mr. Fowle, from the same, reported adversely to H. B. 269, 
to authorize guardians and others holding funds in trust to 
invest the same in Confederate bonds. 



1862-'63.] HOUSE JOURNAL. 17T 

Mi\ Burgin, from the Committee on Claims, reported fa- 
vorably H. R. 244) in favor of Daniel Tucker. 

Also, favorably, H. R. 247, in favor of Wm. F. Shaw. 
Under a suspension of the rules, this resolution was passed 
its second and third readings. 

Also, from the same, favorably, II. R. 205, in favor of A. 
B. Downs. 

Also, favorably, H. R. 202, in favor of W. "W. Grier. 

Also, a memorial of Jos. D. Hayes, with a resolution, 277, 
in favor of Jos. D. Hayes. 

Mr. Bryson presented a resolution instructing the Judi- 
ciary Committee to inquire into the title of a certain grant. 

Mr. "Waller introduced a bill, No. 276, to incorporate the 
town of Marshall. Read first time and passed, and, under a 
suspension of the rules, was passed its second and third 
readings. 

Mr. Shober introduced a bill, No. 278, concerning Nota- 
ries Public. Read first time, passed, and referred to Judi- 
ciary Committee. 

Mr. Mann of P. a bill, 279, concerning administration on 
soldiers' estateg. Read first time, passed, and referred to 
Judiciary Committee. 

Mr. Horton a bill. No. 284, to repeal an act passed this 
session of the General Assembly, in relation to county site of 
Mitchell county. Read first time, passed, and referred to 
Committee on Propositions and Grievances. 

Mr. Hawes introduced a bill, 280, to amend the charter of 
the town of Wilmington. Read first time and passed, and, 
under a suspension ot the rules, was passed its second and 
third readings. 

Mr. Sherwood a bill, 286, to incorporate Springfield Lite- 
rary Society. Read first time, passed, and referred to the 
Committee on Education. 

Received from the Senate a message, stating that the Sen- 
ate proposes to the House of Commons that on Monday nestj 
at 12 o'clock, the two Houses go into secret session, to hear a 
■ communication from the Governor, and that a committee of 
12 



178 HOUSE JOURNAL. [Session 

two upon its part, and three on the part of the House be ap- 
pointed to wait upon His Excellency, and inform him of this 
action of the two Houses. 

"Which was agreed to. 

Ordered^ That Messrs. Albritton, Bynum and Foust consti- 
tute our part of said committee. 

The Speaker announced that the House would now pro- 
ceed to the appointment of magistrates in fulfillment of the 
joint order. 

Mr. McAden moved to postpone the said appointments to 
the 3d Monday of November, 1864. Not agreed to. 

Mr. Gostner presented the following resolution : 

Hesolved^ That it is the sense of this House, that Justices 
of the Peace, to be appointed by this General Assembly, 
ought to be persons not subject to the conscription act of 
Congress. 

Which resolution was passed. 

The appointment of magistrates was then proceeded with, 
the roll of counties being called alphabetically. 

When the county of Forsythe was called, objection was 
made to the list, but the House sustained the recommenda- 
tion^ — yeas 52, nays 25. ^ 

A call for the yeas and nays being seconded by one-fifth 
«of the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Bernhardt, Bar- 
ringer, Beall, Benbury, Berry, Best, Bryan, Bryson, Bnrgin, 
Carson, Cowles, Craig, Dunn, Flynt, Foust, Fowle, Greene, 
Grissom, Hampton, Henry of Henderson, Horton, Ingram, 
Jenkins, Joyner, Keener, Kelly, Kerner, Laws, Lyle, Mann 
of Hyde, Mann of Pasquotank, McAden, McCorraiek, McRae, 
Parks, Pearce, Perkins, Richardson, Riddick, Robbins, Sher- 
wood, Sliober, Wallen, Walser, Wellborn, Woodall, Young of 
■Iredell, Young of Yancey — 52. 

Those who voted in the negative are: 

MosGis. Bizzell, Brown, Cobb, Gostner, Crawford, Daven- 
vport, Foy, Glenn, Grier, Harris of Chatham, Hawes, Hen- 



1862-'63.] HOUSE JOURNAL. 179 

derson, Headen, Hooper, Judkins, Lemmonds, Long, Man- 
ning, Peebles, Person, Eeynolds, Rives, Rhodes, Robinson, 
Shepherd and Smith of "Washington — 25. 

Received from the Senate a message, therewith transmit- 
the following engrossed bills and resolution : 

A bill, 281, to incorporate the town of Dallas, in Gaston 
county. Read first time and passed. 

A bill, 282, to enforce and make more effectual an act of 
the General Assembly; ratified December 22, 1862, regula- 
ting payment of bounty. Read first time and passed. 

A resolution, 283, authorizing the Governor to make con- 
tracts for manufacture of salt. Read first time and passed. 

A motion was made to suspend the rules, that it might be 
read the second time ; but on motion of Mr. McKay, its fur- 
ther consideration was postponed to Tuesday next, at 12 
o'clock. 

The appointment of magistrates was then resumed. 

"When the county of Pasquotank was called on, objection 
was made because some of the persons to be appointed, 
though they were in the enemy's lines, were under the con- 
script age. 

The House refused to sustain the recommendation — ayes 
S3, noes 44. 

A call for the yeas and nays was not seconded by one-fifth 
of the members present. 

"When Randolph was called. on*motion of Mr. Person, two 
names were stricken from the list, as the members were not 
positive that they were above the conscript age. 

Received from His Excellency, the Governor, a messrgej 
transmitting some documents relative to the Chatham Coal- 
fields I^ailroad Company. 

On motion of Mr. Shober, the message and documentB 
were ordered to be printed. 

On motion of Mr. Mann of Pasquotank, 

The House adjourned to Monday, 10 o'clock. 



180 HOUSE JOVKNAL. [Session 

MONDAY, January 26, 1863. 

Mr. Cobb presented a memorial from Joseph Hadley. — 
Read and referred to the Committee an Propositions and 
Grievances. 

On motion of Mr. Shepherd, 

Ordered, That a committee of two be appointed to make 
arrangements for the receptian of His Excellency, the Gov- 
ernor, and the Senate. 

Ordered, That Messrs Amis and Love be said committee. 

Mr. Allison from the Committee on Propositions and Griev- 
ances, reported favorably H. B. 248, concerning the soldiers^ 
bounty. 

On motion of Mr. Shepherd, the rules were suspended, and 
the bill passed its second and third readings. 

Mr. Mann of Pasquotank, from Committee on Internal Im- 
provements, reported favorably H. B. 58, to amend the char- 
ter of Greenville & French Broad Railroad Company. 

Mr. Bynum presented the following resolution ; 

Resolved, That the two Houses of the General Assembly 
do adjourn sine die on Monday, the 2d day of February, 1863,. 
at 12 -o'clock M. 

Which was agreed to. 

Mr. Smith of Washington, presented a resolution instruct- 
ing the Judiciary Committee to make inquiry as to the pro- 
priety of passing a law in relation to deeds and other papers- 
which have been destroyediin eastern counties. 

Mr. Benbury introduced a bill, 286, to authorize the Gov- 
ernor to promote deserving soldiers. Read first time, passed, 
and referred to the Committee on Military Afiairs. 

Mr. Gentry a bill, 287, for the relief of the citizens of 
Alleghany county. Read first time, passed, and referred to 
Judiciary Committee. 

Mr. Henry of Henderson, a bill, 288, in favor of Isaac 
Arledge. Read first time and passed. 

Mr. Henry of Henderson, presented a memorial from citi- 
zens of Henderson county against taxation of slaves by 
counties* Read and referred to Finance Committee. 



lg62-'63.] HOUSE 3"0URNAL. 181 

Mr. Amis from th« committee to make arrangements for 
tlie reception of Senate and the Governor, submitted a 
report. 

The Ke venue Bill being the special order, was then 
taken up. 

On motion of Mr. Amis, the bill was referred back to the 
committee with instructions to report an araeBdment to the 
2d clause of the 1st section. 

The consideratioa of H. B., No. 33, was postponed to 1 
o'clock. 

The next special order, the bill, 126, to amend charter of 
Chatham Railroad Company, was then taken up and consid- 
ered. 

Pending its consideration, the House went into secret 
session. 

On motion, Hon. E.. B. Gilliam, late Speaker of the House 
of Commons, who was present in the lobby, was invited to 
remain in the House during the secret session. 

The secret session being over, the bill, 126, to amend char- 
ter of Chatham Eailroad Company, was taken up and it being 
stated that the Committee on Internal Improvements had not 
reported upon it, its further consideration was postponed. 

H. B. No. 33, to provide for the relief of the wives and 
families of soldiers, was then taken up. 

The committee amendment to section 3d, was not agreed 
to — yeas 41, nays 54. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Albritton, Beam, Benbury, Best, Biz^ell, Brown, 
Bynum, Cobb, Costner, Davenport, Davis, Foy, Gilliam, 
Grier, Hawes, Hodges, Hooper, Joyner,Judkins,Lemmonds, 
Logan, Long, Mann of Hyde, Manning, Peebles, Perkins, 
Person, Keynolds, Riddick, Rives, Rhodes, Robinson, Russ, 
Shepherd, Smith of Washington, Spruill, Stanford, Stancill, 
Waddell, Williams and Woodall— 41. 

Those who voted in the negative are : 



182 HOUSE JODKKAL. [Session 

Messrs. Allison, Alford, Amis, Bernhardt, Bamnger, Beall,. 
Berry, Bryan, Bryson, Burgin, Burns, Carpenter, Carson, 
Cowles, Craig, Fleming, Flynt, Fonst, Fowle, Gentry, Green, 
Grissom, Hampton, Harris of Chatham, Henry of Hender- 
son, Headen, Hollingsworth, Howard, Horton, Ingram, Jen- 
kins, Keener, Kelly, Kerner, Laws, Love, Lyle, Mann of Pas- 
quotank, McAden, McCormick, McNeill, McKae, Parks, Pat- 
terson, Pearce, Eichardson, Eobbins, Sherwood, Shober, Wal- 
len, Walser, Wellborn, Young of Iredell and Young of Yan- 
cey 54:. 

Gn motion of Mr. Walser, the 1st section was amended by 
striking out " five hundred thousand dollars " and inserting 
" one million dollars." Also, in line 7th, after the word " State,"" 
insert "and all of the wives and families of all soldiers who have 
or may hereafter be killed or die in the army or service of 
the country. ' Also, in the 5th section, 7th line'^ before the 
word "wives," insert the word "indigent." 

Mr. Brown offered an amendment that the amount shouM 
be distributed according to the number of soldiers furnished 
by each county. 

Mr. Foy offered an amendment to the amendment: -To 
strike out all after the word "State,"^in the 3d section, and 
insert " according to the following rule : That the county 
court or a majority of the Justices O'f each and every county 
in the State, may meet in term of court during vacation, 
on any day, at the court house of their respective counties? 
and appoint a committee of three for each Captain's district 
in the county, whose duty it shall be to canvass their district 
and take a true list of the names and number of indigent fam- 
ilies in the district, and the number composing each saraily, 
and it shall be the duty of said committee or one of their 
number, at as early a day as practicable, to report the same 
in writing to the Clerk of the county court, who shall furnish 
the county Commissioners with a statement of the number of 
indigents, under the official seal of his oflSce, and the county 
Commissioners shall furnish the ofiicial report so made to the 



1862-'63.] HOUSE JOURITAL. 183 

Treasurer, and draw his portion of the fund hereby appro- 
priated." 

^^ Be it further enacted^ That the appropriations hereby 
made, shall extend to all soldiers' families in indigent circum- 
stances who are in the service or have been in the service or 
who have died or been disabled by wounds received in the 
service in this State, or of the Confederate States ; Provided^ 
That those counties which are now in the possession of the 
enemy and no Commissioner can be appointed to receive its 
quota, the Treasurer shall not withhold the distribution on 
that account, but shall proceed after receiving a statement 
of all the Commissioners from the counties not overrun by 
the enemy, to divide the amount among the counties repre- 
resented at the Treasury ; and Provided further^ that it shall 
be the duty of the Treasurer to make diligent enquiry, and 
satisfy himself fully before the distribntion is made, that all 
the counties not occupied by the enemy are represented." 

Which amendment was not agreed to — yeas 32, nays 59. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the afl&rmative, are : 

Messrs. Albritton, Best, Bizzell, Brown, Bynum, Cobb, Da- 
venport, Foy, Gilliam, Grier, Hawes, Hodges, Hooper, Jud- 
kinsj Lemmonds, Logan, Long, Manning, Peebles, Perkins, 
Person, Reynolds, Hives, Rhodes, Eobinson, Puss, Shepherd, 
Smith of Washington, Spruill, Stanford, Stancill and Wood- 
all— 32. 

Those who voted in the negative, are : 

Messrs. AlHson, Alford, Amis, Bernhardt, Barringer, Beall, 
Beam, Benbury, Berry, Bryan, Bryson, Burgin, Burns, Car- 
penter, Carson, Costner, Cowles, Craig, Flynt, Foust, Fowl«, 
Gentry, Greene, Grissom, Hampton, Harris of Chatham, 
Henry of Henderson, Headen, Hollingsworth, Howard, Hor- 
ton, Ingram, Jenkins, Keener, Kelly, Kerner, Laws, Love, 
Lyle, Mann of Hyde, Mann of Pasquotank McAden, McCor- 
mick, McNeill, McEae, Parks, Patterson, Pearce, Eichardson, 



184: HOUSE JOURNAL. [Session 

Riddick, Robbins, Sherwood, Shober, Waddell, Wallen, "Wal- 
ser, Wellborn, Young of Iredell and Toung of Yancey — 59. 

The question recurring upon the amendment of Mr. Brown, 
Mr. Amis called for a division of the question, and the ques- 
tion being shall the House strike out all after the word " ac- 
cording " in the 3rd section ; it was decided in the negative. 
Yeas 33, nays 58. 

A call for the yeas and nays beiffg seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Albritton, Bizzell, Brown, Bynura, Cobb, Fleming. 
Foy, Gilliam, Grier, Hawes, Hodges, Judkins, Keener, Lem- 
monds, Logan, Love, Mann of Hyde, Manning, McKay, 
Peebles, Perkins, Person, Reynolds, Rives, Rhodes, Robin- 
son, Russ, Shepherd, Smith of Washington, Spruill, Stanford, 
Stancill and Woodali— 33. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Bernhardt, Barringer, 
Beall, Beam, Benbnry, Berry, Bryan, Bryson, Burgiu, Burns, 
Carpenter, Carson, Costner, Cowles, Craig, Davenport, Flynt, 
Foust, Fowle, Gentry, Greene, Grissom, Hampton, Harris of 
Chatham, Henry of Henderson, Headen, Holliugsworth, 
Hooper, Howard, Horton, Ingram, Jenkins, Kelly, Kerner, 
Laws, Lyle, Mann of Pasquotank, McAden, McCormick, 
McNeill, McRae, Parks, Patterson, Pearce, Richardson, Rid- 
dick, Robbins, Sherwood, Shober, Waddell, Wallen, Walser, 
Wellborn, Young of Iredell, and Young of Yancey — 58. 

Mr. Benbury withdrew the amendment ofiered by him in 
committee and reported by that body. 

On motion of Mr. Mann of P., an amendment was agreed 
to that counties in the East overrun by the enemy should be 
paid in N. C. Treasury notes, and that they should not be 
compelled to comply with the provisions as to the meeting of 
Justices. 

Mr. Peebles moved that the House do now adjourn until 
to-morrow 10 o'clock. Not agreed to. 

The bill then passed its third reading. 



l862-'63.] HOUSE JOURNAL. 185 

Received from the Public Treasurer a communication con- 
cerning State Finances. Read and referred to the Committee 
on Finance. 

Received from His Excellency, the Governor, by his Pri- 
vate Secretary, Mr. R. H. Battle, a message transmitting 
certain resolutions passed by the Legislature of the State of 
Georgia. 

On motion of Mr. Amis, 

Ordered^ That a message be sent to the Senate transmitting 
the message of the Governor, with a proposition to print the 
same. 

The Speaker announced that the following bills had been 
examined and found correct, and that he had signed and 
approved the same: 

A resolution to correct errors in tax rolls of Burke county ; 

A bill to amend the 1st, .12th and 23rd sections of the ITth 
chapter of Acts of 1861 ; 

A bill for the relief of Landlords. 

On motion, the House adjourned until to-morrow 10 
o'clock. 



TUESDAY, January 27, 1863. 
f; Mr. Greene presented a petition from citizens of Stanly coun- 
ty for the appointment of a Justice of the Peace. Recom- 
mended and transmitted to the Senate. 

Mr. Love presented the following resolutions : 
Wheeeas, Imputations upon the loyalty of the General As- 
sembly of North-Carolina have been current in our own and 
sister States of the Confederacy, and as the said imputations 
have been made of undue importance by the notice taken of 
them, it has become necessary to give them a full and explicit 
denial ; be it therefore 

Resolved^ That the members of this General Assembly have 
no hesitation in reiterating their solemn pledges of loj^alty 
and fidelty to the Southern Confederacy. That their firm 



186 HOUSE JOUENAL. [Session 

confidence in the final success of the present just, necessary 
and righteous war, remains unshaken, and they pledge them- 
selves as private citizens, as well as Legislators, to pursue this 
war to any extremity sooner than accept terms short of a full 
and unconditional independence, political and commercial, of 
the United States of America. We also emphatically and 
sincerely disclaim any intention of accepting a peace which 
would include a reconstruction of the late Union in any form 
or modification whatever. 

Resc^ved^ That the Senate, concurring, the Speaker of each 
House be requested to forward a copy of these resolutions to 
our Senators and Representatives in Congress that they may 
present them to that body and thus place on public record this 
our final and irrevocable determination. 

Mr. Grissom offered the following substitute as an amend- 
ment : 

"Whereas, Yarious slanderous reports have been circulated 
both in the State and out of it, reflecting upon the loyalty of 
the members of the Legislature and the people of this State, 
and ascribing to them hostihty to the Confederate Govern- 
ment, and a desire to reconstruct the Union. Therefore, be it 
unanimously 

Hesolved, That as the representatives of the people and in 
our own behalf as individual citizens of the State, we protest 
against and denounce these accusations as utterly false in 
letter and in spirit, as calculated to misrepresent the senti- 
ments of those who have never faltered in the support of all 
constitutional measures for the prosecution of the war, and as 
tending to produce jealousies and heart-burnings among a 
people who have sealed their devotion to the cause of South- 
ern Independence with their blood upon the proudest battle- 
fields of the revolution ; that the charge of a desire on the 
part of this Legislature or any portion of it to conflict with 
the Confederate government, or to embarrass the President 
in the prosecution of the war is grossly untrue, illiberal and 
slanderous ; that we hereby pledge ourselves most heartily 
and emphatically to the most vigorous constitutional war 



1862-'63.] HOUSE JOUR:tTAL. 187 

policy, promising in the name of North Caroh'na the most 
liberal contribution of men and money to the support of it, 
and protesting against any settlement of the struggle which 
does not secure the entire independence of the Confederate 
States of America. 

Mr. Person moved that both resolutions be laid upon the 
table and be printed. Not agreed to — yeas 36, nays 60. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Amis, Beall, Beam, Berry, Bizzell, Brown, Burgin, 
Bynum, Cobb, Costner, Crawford, Fleming, Foy, Gilliam, 
Grier, Hawes, Henderson, Hodges, Hooper, Joyner, Judkins, 
Logan, Long, Love, Manning, McKay, Peebles, Person, Rey- 
nolds, Rives, Rhodes, Robinson, Shepherd, Stanford, Stancill 
and Williams— 36. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Avera, Bernhardt, Barringer, Ben- 
bury, Best, Bryan, Bryson, Burns, Carpenter, Carson, Cowles, 
Craig, Flynt, Foust, Fowle, Gentry, Glenn, Greene, Grissom, 
Hampton, Harris of Chatham, Harrison, Henry of Hender- 
son, Headen, Hollingsworth, Howard, Horton, Ingram, Jen- 
kins, Keener, Kelly, Kerner, Laws, Lyle, Mann of Hyde, 
Mann of Pasquotank, McAden, McCormick, McNeill, Mc- 
Rae, Parks, Patterson, Richardson, Riddick, Robbins, Rass, ' 
Sherwood, Shober, Smith of "Washington, Spruill, Waddell, 
Wallen, Walser, Watson, Wellborn, Woodall, Young of Ire- 
dell, and Young of Yancey — 60. 

On motion of Mr. Amis, the amendment of Mr. Grissom 
was amended by inserting after the word " Legislature " the 
words " and the people of the State." 

Mr. Fleming moved that both resolutions be postponed 
until 11 o'clock to-morrow and be printed. Not agreed to — 
Yeas 50, nays 52. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 



188 HOUSE JOURNAL. [Session 

Messrs. Albritton, Amis, Avera, Bernhardt, Beall, Beam, 
Berry, Bizzell, Brown, Bryan, Bynum, Cobb, Costner, Craig^ 
Crawford, Davenport, Davis, Fleming, Foy, Gilliam, Grier, 
Hawes, Henderson, Headen, Hodges, Hooper, Joyner, Jud- 
kins, Keener, Lemmonds, Logan, Long, Love, Manning Mc- 
Kay, Pearce, Peebles, Person, Reynolds, Rives, Rhodes, 
Robinson, Russ, Shepherd, Stanford, Stancill, Yann, Wallen, 
Williams and Woodall — 50. 

Those who voted in the negative are: 

Messrs. Allison, Alford, Barringer, Benbury, Best, Bryson, 
Burgin, Burns, Carpenter, Carson, Cowles, Flynt, Foust, 
Fowie, Gentry, Greene, Grissom, Hampton, Harris of Chat- 
liam, Harrison, Henry of Henderson, Hollingsworth, Howard, 
Horton, Ligram, Jenkins, Kelly, Kerner, Laws, Lyle, Mann 
of Hyde, Manri of Pasquotank, McAden, McCormick, Mc- 
Neill, McRae, Parks, Patterson, Richardson, Riddick, Rob- 
bins, Sherwood, Shober, Smith of Washington, Spruill, Wad- 
dell, Walser, Watson, Wellborn, Young of L-edell, and Young 
of Yancey — 52.^ 

The question then recurring upon the substitution of Mr. 
Grissom's amendment to Mr. Love's resolutions, Mr. Fleming 
called for a division of the question. 

The Speaker stated the question as being : Shall the reso- 
lutions of Mr. Love be stricken out after the word " whereas ; " 
and it was decided in the affirmative — yeas 67, nays 27. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Benbury, Berry, Best, Bizzell,Bryan, Bryson, 
Burgin, Burns, Carpenter, Carson, Cowles, Craig, Flynt, Foust, 
Fowle, Gentry, Greene, Grissom, Hampton, Harrison, Henry 
of Henderson, Headen, Hollingsworth, Howard, Horton, 
Ingram, Jenkins, Joyner, Keener, Kelly, Kerner, Laws, Long, 
Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc- 
Cormick, McNeil], McRae, Parks, Patterson, Pearce, Rich- 
ardson, Riddick, Rhodes, Robbins, Sherwood, Shober, Smith. 



1862-63.] HOUSE JOURKAL. 1S9 

of Washington, Spruill, "Waddell, Wallen, Walser, Watson, 
Wellborn, Woodall, Young of Iredell, and Young of Yan- 
cey— 67. 

Those who voted in the negative are : 

Messrs. Brown, Cobb, Costner, Crawford, Davenport, Davis, 
Fleming, Foy, Gilliam, Grier, Hawes, Henderson, Hooper, 
Judkins, Lemmonds, Logan, Love, Manning, Person, Eey- 
nolds, Eives, Kobinson, Russ, Shepherd, Stanford, Stancill 
and Williams — 27. 

On motion of Mr. Amis, the substitute of Mr. Grissom was 
amended by adding the following as an additional section : 

Mesolved, That the Governor be requested to communicate 
a copy of these resolutions to the Governors of the several 
States of the Confederacy, and also to our Senators and 
Representatives in Congress to be laid before their respective 
bodies. 

The question then being upon substituting Mr. Grissom'a 
amendment, it was decided in the aflBrmative — Yeas 83, 
nays 13. 

A call for the yeas and nays being seconded by one -fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall, Benbury, Berry, Best, Bizzell, Bryan, Bry- 
son, Burgin, Burns, Bynura, Carpenter, Carson, Cowles, Craig, 
Davis, Fleming, Flynt, Foust, Fowle, Foy, Gentry, Greene, 
Grissom, Hampton, Harris of Chatham, Harrison, Hawes, 
Henderson, Henry of Henderson, Headen, Hollings worth, 
Hooper, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, 
Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, 
Mann of Pasquotank, McAden, McCormick, McKay, McNeill, 
McEae, Parks, Patterson, Pearce, Eichardson, Eiddick, 
Ehodes, Bobbins, Euss, Shepherd, Sherwood, Shober, Smith 
of Washington, Spruill, Stancill, Yann, Waddell, Wallen, 
Walser, Watson, Wellborn, Williams, Woodall, Young of Ire- 
dell, and Young of Yancey — 83. 

Those who voted in the negative are : 



190 HOUSE JOURE"AL. [Session 

Messrs. Brown, Cobb, Costnef, Crawford, Davenport, Gil- 
liam, Grier, Hodges, Lemmonds, Love, Manning, Rives and 
Eobinson — 13. 

When his name was called, Mr. Person asked that he be 
excused from voting, and the House granted his request. 

The question then recurring upon the passage of the reso- 
lutions as amended, it was decided in the affirmative — Yeas 
82, nays 9, 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Barringer, Beall. Benbury, Berry, Best, Bizzell, Bryan, Bry- 
son,Burgin, Burns, Bynum, Carpenter, Carson, Cowles, Craig, 
Davis, Fleming, Flynt, Foust, Fowle, Foy, Gentry, Greene, 
Grissom, Hampton, Harris of Chatham, Harrison, Hawes, 
Henderson, Henry of Henderson, Headen, Hollings worth, 
Hooper, Howard, Horton, Ingram, Jenkins, Joyner, Judkins, 
Keener, Kelly, Kerner, Laws, Long, Lyle, Mann of Hyde, 
Mann of Pasquotank, McAden, McCormick, McKay, McNeill, 
McRae, Parks, Patterson, Pearce, Richardson, Riddick, 
Rhodes, Robbins, Russ, Shepherd, Sherwood, Shober, Smith 
of "Washington, Spruill, Stancill, Yann, Waddell, "Wallen, 
"Walser, "Watson, "Wellborn, "Williams, Woodall, Young of 
Iredell, and Young of Yancey — 82. 

Those who voted in the negative are : 

Messrs. Brown, Cobb, Costner, Crawford, Gilliam, Hodges, 
Lemmonds, Love and Rives — 9. 

Pending the announcement of the vote, Mr. Cowles moved 
that members who were within the bar of the House when 
their names were called be compelled to vote. Agreed to, 
and several members recorded their votes. 

Mr. Fleming, from the Committee on Internal Improve- 
ment, reported H. B. 126, to amend the charter of the Chat- 
ham Railroad Company, favorably, with an amendment. 
Also by the same, adversely, H. B. 178, to surrender to indi- 
yidnals the State's interest in Deep River Ifavigation Works. 



1862-'63.] HOUSE JOURNAL. 191 

Received from the Senate a message transmitting the 
following engrossed bills and resolutions, which were read 
the first time and passed : 

289, a resolution in favor of Mary C. Gaily ; 

290, a resolution in favor of Exr. of Judge Dick ; 

291, resolution in favor of L. L. Clements ; 

292, a bill to amend 18th sec. 28th chapter of the Revised 
Code ; 

293, a bill concerning State Educational Association ; 

294, a bill to amend the charter of the town of Pittsboro ; 

295, a bill to incorporate Vestal's Ford Toll Bridge Com- 
pany. 

Received from the Senate a message transmitting addi- 
tional nominations for magistrates. "Which were agieed to. 

Mr. Mann of Hyde, introduced resolution No. 296, in favor 
of George Credle. Read first time, passed, and under a 
suspension of the rules, passed its second and third readings. 

Mr. Cowles introduced resolutions as to personal liberty. 
Read first time, passed and ordered to be printed and made 
the special order for to-morrow at 12 o'clock. 

The Speaker announced that he had approved and signed 
the following bills and resolutions : 

A bill to change the Probate Courts of Rutherford county ; 

An act to amend an act passed this session of the General 
Assembly concerning money due deceased soldiers ; 

An an act to change the term of the County Court of Stokes 
county ; 

An act to change the time of holding County Courts of 
Ashe county ; 

An act to admit proof of hand-writing of attesting wit- 
nesses in certain cases ; 

A resolution authorizing the Doorkeeper to purchase for 
the Capitol a flag of the Confederate States ; 

A resolution as to exchange of salt ; 

A resolution in faror of Rufus Galloway and his sureties. 

The special order was then taken up, it being a resolution, 
283, to authorize the Governor to make salt contracts. 



192 SOUSE JOUHKAL. [Session 

Mr. Gentry offered an amendment that the Governor 
should "advertise for proposals." 

Mr. Russ, an amendment to the amendment, that the con^ 
tracts shall be made by the bushel. 

Mr. Cowles desired to amend by inserting after the word 
" sea-coast " the word or " elsewhere." 

On motion of Mr. Cobb, the resolution and amendments 
were laid on the table. 

Leave of absence was granted to Mr. Kemer. 

Mr. Mann presented a list of magistrates for Bertie county. 

Mr. Watson desired to add one name to the list from 
Alamance. 

The same being approved. 

Ordered^ That they be transmitted to the Senate. 

Mr. Watson, from the Committee on Propositions and 
Grievances, reported favorably H. R. 249, in favor of Wm. J. 
Murray. 

Mr. Person, from the Committee on Military Affairs, 
reported favorably H. B. 109, to amend an act entitled Mihtia 
Bill, ratified September 20, 1861. 

Mr. Stancill introduced a bill 298, to exempt old men from 
militia duty. Read first time and passed. 

Mr. Bryson, a bill 299, to lay off a new county by the name 
of Hill. Read first time, passed and referred to the Commit- 
tee on Propositions and Grievances. 

Mr. Walser, a bill 300, to authorize Executors and others 
holding funds in trust to vest the same in Confederate Stocks. 
Read first time and passed. 

Mr. Walser moved to suspend the rules that the bill might 
be read the second time. Not agreed to. 

On motion of Mr. Shepherd, H. B. 126, to amend the 
charter of the Chatham Railroad Company was taken up. 

On motion, the House took a recess to 7 o'clock. 



1862-'63.] HOUSE JOURNAL. 193 

Night Session— TUESDAY, January 27, 1862. 
- The bill, 126, to amend the charter of the Chatham Railroad 
Company, was read the second time. 

The amendment oftlie committee was agreed to. 

On motion of Mr. McKay, the bill was further amended by 
striking out the 2nd section and inserting a substitute. 

On motion of Mr. Fowle, the rules were suspended, and 
the bill was read the third time, and passed — Yeas 60, nays 21. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Avera, Barringer, Beall, Beam, 
Benbury, Best, Bryan, Bryson, Burgin, Burns, Carpenter, 
Costner, Craig, Davenport, Dunn, Eowle, Foy, Gentry, Glenn 
Grissom, Hampton, Harris of Chatham, Hawes, Henderson, 
Headen, Hollingsworth, Howard, Horton, Ingram, Jenkins, 
Joyner, Jndkins, Keener, Kelly, Laws, Logan, Love, Lyle, 
Mann of Pasquotank, McCormick, McKay, McNeill, McRae, 
Parks, Richardson, Robbins, Russ, Sherwood, Shober, Smith 
of Washington, Spruill, "Waddell, "Wallen, TValser, Wellborn, 
Woodall, Young of Iredell, and Young of Yancey — 60. 

Those who voted in the negative are : 

Messrs. Albritton, Berry, Bynum, Cobb, Crawford, Grier, 
Harrison, Kirby, Long, Mann of Hyde, Manning, McAden, 
Patterson, Perkins, Reynolds, Riddick, Rives, Rhodes, 
Robinson, Stancill, Stanford and Watson — 21. 

On motion, the House adjourned until to-morrow 10 o'clock. 



WEDNESDAY, January 28, 1863. 
The Speaker announced that he had approved and sfgne<f 
the following bills and resolutions : 

An act for the relief of Wm. E. Mann, late sheriff of Pas- 
quotank county ; 

An act in favor of Thos, J. Carr ; 
An act to amend the charter of the city of Raleigh ;; 
13 



19^ flOTJSE jauRITAL. [Sessiou 

An act to legalize and coniirn the acts and judicial pro- 
ceedings of a County Court held in Lincoln county ; 

An act to incorporate Silver Lead Mining Company ; 

An act to amend the act ratified* December 20th, 1862, 
entitled an act to provide Ivajs and means for supplying 
the Treasury ; 

Resolution in favor of John A. 'Long; 

A resolution in favor of John Pisher; 

Resolution in favor of M. L, Brittain ; 

An act to establish a Female Seminary in Davidson county 
by the name of Beatavilla ; 

Resolution in favor of "W. "W. Long ; 

An act in favor of J. H. Allen ; 

A resolution in favor of Oscar D. Johnson ; 

A resolution in reference to a room for Engrossing Clerks j 

Resolution in favor of G. B. Threadgill ; 

Resolution in favor of M. Walker ; 

An act to incorporate the Unokoa and Hiawassee Turnpike 
Oompany ; 

Resolution in favor of Drury King ; 

An act to authorize the Governor to employ a messenger in 
the Executive Department ; 

Resolution in favor of W. H. Bryson ; 

Resolution in favor of Charles Byrd ; 

An act to incorporate the Western IJ^orth Carolina Mining, 
Smelting and Copperas Manufacturing Company. 

Received from the Senate a message transmitting nomina- 
mations for magistrates for Chowan county. Which were 
I'ecommended. 

Mr. Shepherd, from the Committee on Finance, reported 
a bill, 301, supplemental to an act to provide ways and means 
for supplying the Treasury. Read first time and passed, and 
under a suspension of the rules, passed its second and third 
readings. 

Mr. Waddell, from the Judiciary Committee, reported ad- 
versely H. B. 236, concerning emancipation of slaves by will 



^1862-'63.] HOUSE JOURNAL. 196 

Mr. Peebles moved to suspend the rules that the }>i\\ might 
be read the second time. Not agreed to. 

Mr. McKay, from the Judiciary Committee, reported 
favorably H. B, 287, for the rehef of the citizens of Alleghany 
iconnty. 

On motion of Mr. Gentry, the rules were suspended, and 
the bill passed its second and third readings. 

Mr. Peebles, from the Judiciary Company, reported favor- 
ably with a substitute, H. B. 241. The rules being suspended, 
the substitute was agreed to, and the bill as amended passed 
its second and third readings. 

Mr. "Waddell, from the Judiciary ^Committee, reported 
favorably H. B. 276, concerning notaries public. 

Mr. Watson, from the Committee -on Small Pox, reported 
a bill 302, which was ordered to be printed. 

By leave of the House, Mr. C©wles was allowed to record 
■his vote against the passage of the bill to amend the charter 
of the Chatham Eailroad Com.pany. 

Mr. Grissom introduced a resolution 303, to authorize the 
Secretary of State to employ a Clerk. Bead first time, 
passed and referred to the Committee on Propositions and 
Grievances. 

Mr. Bryson, a bill 304, to restore to credit N.G.Howell, of 
Cherokee. Bead first 'time, passed and referred to the Judi- 
ciary Company. 

Mr. Hooper, a Mil 305, to legalize the proceedings of a 
County Conrt in Catawba county. Read first time and passed, 
.and under a suspension of the rules, passed its second and 
third readings. 

Mr. Burns, a bill 306, to amend section 2, chapter 64 of the 
Revised Code. Read first time, passed and referred to the 
Judiciary Committee. 

On motion of Mr. Costner, H. R. 244, in favor of Daniel 
Tucker was taken up and passed its second and third readings. 

On motion of Mr. Grissom, H. B. 14, to regulate the cur- 
rency between debtor and creditor was taken up, and the 
Hoise proceeded to consider the same. 



106 HOUSE JOURNAL. [SessioK 

On motion of Mr. Walser, the bill was amended by striking 
out near the end ©f the 2nd section the words " accrued or.'^ 

Mv. Henderson offered the following as a substitute : 

jResolvcd, That our Senators in Congress be instructed and 
our Representatives req,uested to endeavor to have a law 
enacted making Confederate Treasury notes a legal tender. 

Mr, McRae moved to lay the whole matter on the table. 
Kot agreed to — Y^eas 38, nays 56. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Allison, Amis, Barringer, Bcall, Beam,, Benbury, 
Berry, Best, iiurns, Cobb, Costner, Dunn, Fleming, Fowle, 
Gilliam, Harris, of Cabarrus, Hawes, Henry of Bertie, Henry 
of Henderson, Hodges, Jenkins, Kelly, Lemmonds, Long, 
Manning, McAden, McRae, Rives, Rhodes, Robbins, Rob- 
inson, Shepherd, Shober, Smith of Washington, StancilL 
Vann, Wallen and Young of L'edell — 38. 

Those who voted in the negative are : 

Messrs. Albritton, Alford, Avera, Bernhardt, Bizzell, Brown, 
Bryan, Carpenter, Carson, Cowles, Craig, Crawford, Davis, 
Flynt, Foust, Foy, Gentry, Greene, Grier, Hampton, Harri- 
son, Henderson, Headen, Hollingsworth, Howard, Horton, 
Ingram, Joyner, Judkins, Keener, Kirby, Laws, Logan, Lyle, 
Mann of Hyde, Mann of Pasquotank, McCormick, McKay, 
McNeill, Parks, Patterson, Pearce, Perkins, Person, Reynolds, 
Richardson, Russ, Sherwood, Spruill, Stanford, Waddell, 
Walser, Watson, Wellborn, Williams and Young of Yan- 
cey — 56. 

Mr. Crawford offered the following as a substitute : 

Sec. 1 . Me it enacted hy the General Assembly of the State 
of North Carolina^ and it is hereby enacted by the authority 
of the same, That all contracts for the payment of money 
hereafter made shall be construed to be payable in Confed- 
erate or North Carolina Treasury notes, unless the contrary 
shall be made clearly to appear by written agreement between 
the parties. And in all contracts for the delivery of specific 



18C2-'63.] HOUSE JOURITAL. 197 

articles hereafter made, any damages to be recovered for 
Ibreach thereof, shall be construed to be payable in Confed- 
erate or ]^orth Carolina Treasury notes, unless the contrary 
shall be made clearly to appear by written agreement between 
the parties. 

Sec. 2. This act shall be in force from and after its passag^. 

The question being on the proposition to strike out all of the 
original bill and then insert the amendment of Mr. Crawford 
to the amendment of Mr. Henderson, a division of the question 
was called for, and the question being shall the House strilre 
out, it was decided in the affirmative — Yeas 48, nays 46. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Amis, Avera, Beam, Benbury, Berry, Best) 
Brown, Bryson, Burns, Cobb, Costner, Crawford, Davis, Dunn, 
^Fleming, Fowle, Gilliam, Grier, Harris of Cabarrus, Harris of 
^Chatham, Hawea, Henderson, Henry of Bertie, Henry of 
Henderson, Jenkins, Judkins, Eelly, Kirby, Lemmonds, Long? 
Love, Manning, Mc Aden, McKay, Peebles, Person, Heynolds ' 
Khodes, Bobbins, Robinson, Shepherd Shober, Smith of "Wash- 
ington, Stancill, Yann, Wallen and Young of Iredell — 48. 

Those who voted in -the negative are : 

Messrs. Albritton, Alford, Bernhardt, Barringer, Bizzell, 
Bryan, Burgin, Carpenter, Carson, Cowles, Craig, Flynt, 
Foust, Foy, Gentry, Glenn, Hampton, Hamson, Headen, 
Hodges, Hollingsworth, Howard, Horton, Ingram, Joyner, 
Keener, Laws, Logan, Mann of Pasquotank, McCormick, 
McNeill, McRae, Parks, Patterson, Pearce, Perkins, Richard- 
son, Russ, Sherwood, Spruill, Stanford, Waddell, Walser, 
Watson, Wellborn and Williams — 46. 

The special order was then taken up, it being the resolu- 
tions concerning personal liberty, introduced by Mr. Cowles. 

On motion of Mr. Foy, the following resolutions were ac- 
cepted as additional : 

Besolced, That the military power is subordinate to, and 
governed by the civil authorities; and that the General As- 



19^ HOUSE JOUENAL. [Session- 

a^MTiblj hereby requires and directs the Judges of this State- 
who have taken an oath to administer the law, to see that 
the writs of habeas corpus issued by them' are executed. 

Resolved^ That this Legislature hereby request and instruct 
their Senators and Representatives in Congress to urge, and 
to procure if possible, a repeal of the law passed authorizing: 
the President to suspend, in his discretion, the writ of habeas 
Gorjpus. 

0n motion of Mr. Shepherd, the second resolution offered 
by Mr. Foy, and accepted by Mr. Cowles, was stricken out. 

The question then recurring upon the passage of the reso- 
lutions, it was decided in the affirmative — yeas 67, nays 26o- 

A call for the yeas and nays being seconded by one-fifth> 
of the members present, 

Those who voted in the affirmative are :- 

Messrs. Allison, Albritton, Alford, A vera, Bernhardt, Bar- 
ringer; Beall, Beam, Benbury, Berry, Best, Bizzell, Bryan, 
Bryson, Burgin, Bu3?n8, Carpenter, Cowles, Craig, Dunn,. 
Flynt, Foust, Fowle, Foy, Gentry, Glenn, Grissom, Hamp- 
ton, Harris of Cabarrus, Harris of Chatham, Hawes, Henry of 
Bertie^ Henry of Henderson, Headen, Hollingswortb, How- 
ard, Hortony Ingram, Jenkins, Joyner, Keener, Kelly, Laws,. 
Lyle, Mann of Hyde, Mann of Pasquotank, McAden, Mc- 
Cormick, McNeill, McRae, Parks, Patterson, Pearce, Per- 
kins, Phodes, Robbins, Puss, Sherwood, Shober, Waddell, 
Wallen, Walser, Watson^ Wellborn, Toung of Iredell, and 
Young of Yancey — ^: 

Those who voted in the negative are i 

Messrs. Brown, Cobb, Costaer, Crawford, Fleming, Gilliam,. 
Grier, Harrison, Henderson, Hodges, Judkins, Lemmonds, 
Logan, Long, Love, Manning, Person, Reynolds, Richardson,. 
Robinson, Shepherd, Spruill;, Stanford, Stancill, Yann and 
Williams— 26. 

On motion of Mr. Shepherd, H. B. 197, was mad© the spe- 
cial order for to-morrow at 11 o'clock. 

Mr. Harris of Cabarrus, moved to reconsider the- vote by 
which Mr. Walser's bill was stricken out. 



1862-^63.] fiLOtSE JOURNAL ^ 1-^9 

Pending which motion, 

The House adjourned until to-morrow 10 o'cloc'k. 



THURSDAY, January 2'9, 1863. 

Mr. Love from the Committee on Internal Improvements', 
reported a resolution of instruction concerning the Governor 
■emplo^ying slaves on works of I'nt^rnal Improvement, and 
asked to be distiharged from its further consideration. 

Mr. Allison from the Committee on Propostions and Griev- 
ances, reported favorably, H. B. 299, to lay off a new county 
by the name of Hill. 

Mr. Fleming from the Judiciary Committee, reported, ad- 
versely, H. B. 269, to authorize guardians and others holding 
funds in trust, to invest the same in Confederate Bonds. 

Mr. Shepherd presented the following resolution : 

Resolved^ That so much of the special. message of His Er- 
cellency, the Governor, as relates to the coiiipany officers in 
the troops of this State now in the Confederate States service, 
and also to amendment of militia law— if the militia shall be 
used to aid in the execution al the conscription law — be re- 
ferred to the Committee on Military Affairs; and that so 
much of the said message as relates to the establishment of 
a commission for the investigation of charges against citizens 
arrested by the military authorities and to the power of the 
Governor to call out the militia during the sessions of the 
General Assembly, to the Judiciary Committee. 

Mr. Fleming asked that H. B. 151, be referred to the Ju^ 
diciary Committee. 

Mr. Person from the Committee on Military Affairs, re- 
ported, adversely, H. B. 209, a bill to re-organize the militia \ 
also, from the same, a memorial of John A. Cornish^ and ask 
to be discharged from its consideration. 

Mr. Lemmonds introduced a bill, No. 307, accompanied by 
a petition, to allow Jno. A. Carr to run a distillery. Read 



200 SOUSE JOUKKAL. [Session 

first time, passed, and referred to Committee on Propositions 
and Grievances. 

The unfinished business was then taken up, it being the- 
motion of Mr. Harris of Cabarrus, to reconsider the vote by 
which the bill of Mr. Walser was stricken out, and it was de- 
cided in the affirmative — yeas 51, nays M. 

A call for the yeas and nays being, seconded be one-fifth of 
the members present. 

Those who voted in the affirmative are .' * 

Messrs. Albritton, Alford, Bernhardt, Barringer, Beall, Biz- 
zell, Bryan, Bryson, Burgin, Carpenter, Carson, Costner^Cowles, 
Craig, Davenport, Davis, Flynl, Fonst, Foy, Gentry, Glenn, 
Greene, Hampton, Headen, Hodges, Hollingsworth, Hooper, 
Howard, Horton, Joyner, Keener, Laws, Logan, Love, Lyle, 
Mann of Hyde, Mann of Pasquotank, McCormick, McNeill, 
Parks, Pearce, Peebles, Perkins, Sherwood, Smith of Wash- 
ington, Spruill, Stanford, Waddell, Walser, Wilhams and 
Young of Yancey — 5L 

Those who voted in the negative are: 

Messrs. Allison, Amis, Beam, Berry, Best, Brown, Burns, 
Bynum, Cobb, Crawford, Dunn, Fleming, Fowle, Gilliam, 
Grissom, Harris of Chatham, Harrison, Hawes, Henderson, 
Henry of Henderson, Ingram, Jenkins, Kelly, Kirby, Lem- 
monds. Long, Manning, McAden, McKay, McRae, Patterson, 
Person, Reynolds, Riddick, Rhodes, Robbins, Robinson, 
Shepherd, Shober, Stancill, Yann, Wallen, Watson and 
Young of Iredell — M. 

Pending its further consideration the special order was 
taken up, it being the bill 197, to amend the chapter of the 
Revised Code entitled Salaries and Fees. 

Mr. Shepherd offered to amend, so as to raise the salaries 
of the Judges from $1,950 to |2,500. 

Mr. Waddell moved to lay the whole matter upon the 
table ; which was not agreed to — yeas 41, nays 58. 

A call for the yeas and nays being seconded by one-fi!fth 
of the members present, 

Those who voted in the affirmative ara : 



1862-'63.] HOUSE JOURNAL. 201 

Messrs. Albritton, Alford, Brown, Bynum, Carson, Cobb,Cost- 
ner, Crawford, Davenport, Fljnt, Foy, Gentry, Gilliam, Grier, 
Harris ofCabarrns, Harrison, Headen, Hollingsworth, Hooper, 
Howard, Horton, Kirby, Laws, Lemmonds, Long, Love, 
McKay, Peebles, Perkins, Person, Rives, Robinson, Rnss, 
Stanford, Stancill, Yann, Waddell, "Walser, "Williams, Woodall 
and Young of Yancey — 41. 

Those who voted in the negative are : 

Messrs. Allison, Amis, Bernhardt, Barringer, Beall, Beam, 
Benbury, Best, Bizzell, Bryan, Brj^son, Burgin, Burns, Car* 
penter, Craig, Davis, Dunn, Fleming, Foust, Fowie, Glenn, 
Greene, Grissom, Hampton, Harris of Chatham, Hawes, 
Henderson, Henry of Bertie, Henry of Henderson, Joyner, 
Judkins, Keener, Kelly, Logan, Lyle, Mann of Hyde, Mann 
of Pasquotank, Manning, McAden, McCormick, MclSTeill, 
McRae, Parks, Patterson, Pearce, Reynolds, Richardsoa, 
Riddick, Rhodes, Robbins, Shepherd, Sherwood, Shober, 
Smith of "Washington, Spruill, "Wallen, "Watson and Young 
of Iredell— 58. 

The question then recurring upon the amendment of Mr. 
Shepherd, it was not agreed to — Yeas 36, nays 62. 

A call for the yeas and nays being seconded by one-lifth 
of the members present. 

Those who voted in the afBrative are : 

Messrs. Amis, Beall, Benbury, Bizzell, Bryan, Burgin, 
Burns, Davis, Dunn, Foust, Fowle, Grier, Grissom, Harris of 
Chatham, Hawes, Henderson, Henry of Henderson, Jenkins, 
Joyner, Judkins, Keener, Lemmonds, Love, Lyle, Mann of 
Hyde, Mann of Pasquotank, McCormick, McRae, Parks, 
Pearce, Peebles, Person, Reynolds, Shepherd, Shober, Stan- 
ford and "Williams — -36. 

Those who voted in the negative are : 

Messrs. Allison, Albritton, Alford, Bernhardt, Barringer, 
Beam, Berry, Best, Bryson, Bynum, Carpenter; Carson, Cobb, 
Costner, Cowles, Craig, Crawford, Davenport, Fleming, Flynt, 
Foy, Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, 
Harrison, Henry of Bertie, Headen, Hodges, Hollingsworth, 



202 HOUSE JOUENAL. [Session 

Hooper, Howard, Horton, Ingram, Kelly, Laws, Logan, Long, 
Manning, McAden, McKay, MclSleill, Patterson, Perkins, 
Kichardson, Rives, Rhodes, Robbing, Robinson, Russ, Sher- 
wood, Smith of Washington, Stancill, Yann, "Waddell, Wallen, 
Walser, Watson, Woodall, Young of Iredell, and Young of 
Yancey— 62. 

Mr. McAden moved that -the 2nd section of the bUl relat- 
ing to pay of members be stricken out, and it was agreed 
to — Yeas 91, nays 6. 

Mr. Watson asked for the yeas and nays. 

And the call being seconded by one-fifth of the members 
present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Bernhardt, Bar ringer, 
Beall, Beam, Benbury, Berry, Best, Brown, Bryan, Bryson, 
Burns, Bynum, Carpenter, Carson, Cobb, Costner, Cowles, 
Craig, Crawford, Davenport, Fleming, Flynt, Foust, Fowle, 
Foy, Gentry, Gilliam, Glenn, Greene, Grier, Grissom, Hamp- 
ton, Harris of Cabarrus, Harris of Chatham, Harrison, Ilawes, 
Henderson, Henry of Henderson, Headen, Hodges, Hollings- 
worth, Hooper, Howard, Horton, Ingram, Jenkins, Joyner, 
Kelly, Kirby, Laws, Lemmonds, Logan, Long. Love, Lyle, 
Mann of Pasquotank, Maiming, McAden, McCormick, Mc- 
Kay, McNeill, McRae, Patterson, Peebles, Perkins, Person, 
Richardson, Riddick, Rives, Rhodes, Robbing, Robinson, 
Russ, Shepherd, Sherwood, Smith of Washington, Spruill, 
Stanford, Stancill, Yann, Waddell, Wallen, Walser, Watson, 
Wellborn, WiUiaras, Woodall, Young of Iredell, and Young 
of Yancey — 91. 

Those who voted in the negative are : 

Messrs. Burgin, Henry of Bertie, Judkins, Keener, Mann 
of Hyde, and Reynolds — 6. 

Mr. Waddell moved to amend by striking out all except 
that as to the Governor's salary. 

Mr. Kirby moved to strike out all after the enacting clause 
and insert : 

That the soldiers of Korth Carolina now- in the field or who 



1862-'63.] HOUSE JOURNAL. 203 

may hereafter be called out either in the service of this State 
or Confederate States, shall receive in addition to the pay 
now received from the Confederate government, three dollars 
per month during the continuance of their service, to be paid 
out of the Treasury of the State. 

2nd. That this shall be in force from and after its ratifica- 
tion". 

Mr. Flenaing moved to postpone indefinitely the bill and 
amendments. ISTot agreed to — yeas 22, nays 72. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Beam, Bynum, Cobb, Costner, Crawford, Daven- 
portj Fleming, Gilliam, Greene, Harison, Hodges, Howard, 
Judkins, Lemraonds, Logan, Long, Manning, Reynolds, Rives, 
Robinson, Stanford and Stancill — 22. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Barringer, Beall, Benbury, 
Berry, Best, Bizzell, Brown, Bryan, Burgin, Burns, Carpen- 
ter, Carson, Cowles, Craig, Davis, Dunn, Flynt, Foust, Fowle, 
Foy, Gentry, Glenn, Grier, Grissom, Hampton, Harris of Ca- 
barrus, Harris of Chatham, Hawes, Henderson, Henry of 
Bertie, Henry of Henderson, Headen, Ingram, Jenkiife, Joy- 
ner. Keener, Kelly, Kirby, Laws, Love, Mann of Hyde, Mann 
of Pasquotank, McAden, McCormick, McKay, MclSTeill, 
McRae, Parks, Patterson, Pearce, Peebles, Perkins, Person, 
Richardson, Rhodes, Robbins, Russ, Shepherd, Sherwood, 
Shober, Smith of Washington, Spruill, Waddell, Wallen, 
Walser, Watson, Wellborn, Williams and Woodall — 72. 

The question then recurring upon the amendment of Mr. 
Kirby, Mr. Shephei*d asked for a division of the question, 
and the question being : Shall the House strike out all after 
the enacting clause, it was decided in the negative. 

A call for the yeas and nays being seconded By one-fifth 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Brown, Bynum, Crawford, Fleming, Grier, Hodges, 



20i HOUSE JOURKAL. [Session 

Kirby, Logan, Manning, McKay, Peebles, Person, Reynolds, 
Rives, Robinson, Stanford, Stancill and Williams — 18. 

Those who voted in the negative are": 

Messrs. Allison, Alford, Amis, Bernhardt, Barringer, Beall, 
Benbury, Berry, Best, Bizzell, Bryan, Bryson, Burgin, Burns, 
Carpenter, Carson, Cobb, Costner, Cowles, Craig, Davenport, 
Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, Glenn, 
Greene, Grissom, Hampton, Harris of Cabarrus, Harris of 
Chatham, Harrison, Hawes, Henderson, Henry of Bertie, 
Henry of Henderson, Headen, HolHngsworth, Hooper, How- 
ai'd, Horton, Ingram, Jenkins, Joyner, Judkins, Kelly, Laws, 
Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, 
McAden, McCormick, MciSreill, Parks, Patterson, Pearce, 
Perkins, Richardson, Riddick, Rhodes, Robbins, Russ, Shep- 
herd, Sherwood, Siiober, Smith, of Washington, Spruill, Vann, 
Waddell, Walleu, Walser, Watson, Wellborn, Woodall, Young 
of Iredell, Young of Yancey — 81. 

Tlie Speaker stated the question as now recurring upon the 
amendment of Mr. WaddelL 

Mr. Person submitted a point of order, whether the de- 
cision of the motion to strike out did not decide the whole 
question, as far as this reading of the bill was concerned. 

The Speaker decided, that in his opinion, the refusal of the 
House to strike out the whole bill, did not prevent t'he offer- 
ing of an amendment proposing to strike out a part of the 
same. 

The question being: Shall the House strike out all except 
that portion relating to the Governor's salary, it was decided 
in the affirmative — yeas 53, nays 42. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Bernhardt, Beam, Berry, Bizzell, Brown, Bynum, 
Carson, Cobb, Costner, Cowles, Crawford, Davenport, Flem- 
ing, Flynt, Foy, Gentry, Gilliam, Greene, Grier, Hampton, 
Harris of Cabarrus, Harris of Chatham, Harrison, Henderson, 
Headen, Hodges, Hollingsworth, Hooper, Howard, Ingram, 



1862-'63.] HOUSE JOURNAL. 206 

Jndkins, Kirbj, Lrfws, Long, Manning, McKay, McNeill, 
McRae, Patterson, Peebles, Perkins, Person, Pives, lUiodes, 
Robinson, Russ, Stanford, Stancill, Yann, Waddell, Wallen, 
Williams and Young of Yancey — 53. 
Those voted in the negative are : 

Messrs. Allison, Alford, Amis, Beall, Benburry, 'Best, 
Brj'-an, Bryson, Burgin, Burns, Carpenter, Craig, Dunn, 
Fonst, Fowle, Glenn, Grissom, Henry of Bertie, Henry of 
Henderson, Horton, Jenkins, Joyner, Keener, Kelly, Logan, 
Love, Lyle, Mann of Hyde, Mann of Pasquotank, McCor- 
mick, Parks, Pearce, Richardson, Robbins, Shepherd, Sher- 
wood, Sbober, Spruillj AVatson, Wellborn, Woodall and Young 
of L-edell -42. 

The bill then passed its second reading — yeas 65, nays 29. 
A call for the yeas and nays being seconded by one-fifth of 
the meuibers present, 

Those who voted in the affirmative are : 
Messrs. Allison, Amis, Bernhardt, Beall, Beam, Benbury, 
Berry, Best, Bryan, Bryson, Burgin, Burns, Carpenter, Car- 
son, Cowles, Craig, Dunn, Fleming, Flj^nt, Foust, Fowle, 
Gentry, Glenn, Greene, Grissom, Hampton, Harris of Cabar- 
rus, Harris of Chatham, Harrison, Hawes, Henderson, Henry 
of Henderson, Hollingsworth, Howard, Horton, Ligram, Jen- 
kins, Joyner, Judkins, Keener, Kelly, Lyle, Mann of Hyde,. 
Mann of Pasquotank, McCormick, McNeill, Parks, Patter- 
son, Perkins, Richardson, Rhodes, Robbins, Shepherd, Sher- 
wood, Shober, Smith of Washington, Spruill, Waddell, Wal- 
leii, Walser, Watson, Wellborn, Woodall, Young of Iredell, 
and Young of Yancey — 65. 

Those who voted in the negative are : 
Messrs. Brown, Bynum, Cobb, Costner, Crawford, Daven- 
port, Foy, Gilliam, Grier, Henry of Bertie, Headen, Hodges, 
Hooper, Laws, Lemmonds, Logan, Long, Love, Manning, 
McKaj'', Peebles, Person, Reynolds, Rives, Robinson, Russ,. 
■Stanford, Stancill, Yann and Williams— 29. 

Mr. Waddell moved to amend the bill by striking out 



206 HOUSE JOURNAL. [Session 

"five," and inserting "four," as the Governor's salary. ITot 
agreed to — yeas 43, nays 56. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs, Albritton, Bernhardt, Beam, Berry, Brown, Bryan, 
Bryson, Bynum, Cobb, Costner, Crawford, Davenport, Foy, 
Gentry, Gilliam, Greene, Grier, Harrison, Headen, Hodges, 
Hooper, Howard, Ingram, Laws, Lemmonds, Logan, Long, 
Love, Manning, McKay, Peebles, Perkins, Person, Reynolds, 
Rives, Rhodes, Robinson, Rnss, Stanford, Stancell, Vann, 
Waddell and Williams— 43. 

Those who voted in the negative are : 

Messrs. Allison, Alford, Amis, Barringer, Beall, Benbury, 
Best, Burgin, Burns, Carpenter, Carson, Cowles, Craig, Dann, 
Fleming, Fonst, Fowle, Glenn, Grissom, Hampton, Harris 
of Cabarrus, Harris of Chatham, Hawes, Henderson, Henry 
of Bertie, Henry of Henderson, Horton, Jenkins, Joyner, 
Judkins, Keener, Kelly, Lyle, Mann of Hyde, Mann of Pas- 
quotank, McCormick, Mcl^eill, McRae, Parks, Patterson, 
Pearce, Richardson, Robbins, Shepherd, Sherwood, Shober, 
Smith of Washington, Spruill, Wallen, Walser, Watson, Well- 
born, Woodall, Young of Iredell, and Young of Yancej'- — 56. 

Mr. Shepherd offered an amendment that the salary of the 
Chief Clerk of the Treasury Department, shall be increased 
-to $1,500. Not agreed to — yeas 39, nays 56. 

A call for the yeas and nays being seconded by one-fifth of 
the members jjresent. 

Those who voted in the affirmative are: 

Messrs. Allison, Amis, Barringer, Beall, Benbury, Berry, 
Best, Bryan, Burgin, Burns, Cowles, Dunn, Fonst, Fowle, 
Grissom, Harris of Chatham, Hawes, Jenkins, Joyner, Jud- 
kins, Keener, Lyle, Mann of Hyde, Mann of Pasquotank, 
McCormick, Parks, Pearce, Richardson, Robbins, Shepherd, 
Sherwood, Shober, Smith of Washington, Spruill, Waddell, 
Wallen, Woodall and Young of Iredell — 39. 

Those who voted in the negative are : 



1862-'63.] HOUSE JOURNAL. 207 

Messrs. Albritton, Alford, Bernhardt, Beam, Br- ,n, Bry- 
son. Carpenter, Carson, Cobb, Costner, Craig, Crawford, 
Davenport, Fleming, Foy, Gentry, Gilliam, Glenn, Griei*, 
Hampton, Harris of Cabarrus, Harrison, Henry of Bertie, 
Headen, Hodges, Hooper, Howard, Horton, Ingram, Kelly, 
Laws, Lemmonds, Logan, Long, Love, Manning, McKay, 
McISTeill, McHae, Patterson, Peebles, Perkins, Person, Pey- 
nolds, Pives, Rhodes, Pobinson, Puss, Stanford, Stancill, 
Vann, Walser, "Watson, "Wellborn, "Williams and Young of 
Yancey — 56. 

Mr. Grissom offered the following as an additional section : 

Be it enacted c&g. That the ordinance of the Convention 
increasing the salaries of Treasurer, Comptroller and Secre- 
tary of State be continued in force to the 1st of January, 1865. 

AYhich was agreed to — Yeas 69, nays 25. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messi's. Allison, Alford, Amis, Bernhardt, Barringer, Beall, 
Benbury, Berry, Best, Bryan, Brysen, Burgin, Burns, Car- 
penter, Carson, Cobb, Craig, Dunn, Foust, Fowle, Gentry, 
Glenn, Greene, Grissom, Hampton, Harris of Cabarrus, Har- 
ris of Chatham, Harrison, Hawes, Henry of Bertie, Henry of 
Henderson, Headen, Hollings worth, Howard, Horton, Ingram, 
Jenkins, Joyner, Judkins, Keener, Kelly, Laws, Long, Lyle, 
Mann of Hyde, Mann of Pasquotank, McCorraick, Parks, 
Patterson, Pearce, Perkins, Richardson, Rhodes, Bobbins, 
Russ, Shepherd, Sherwood, Shober, Smith of "Washington, 
Spruill, Stancill, "Waddell, Wallen, Walser, Watson, Wellborn, 
Woodall, Young of Iredell, and Young of Yancey — 69. 

Those who voted in the negative are : 

Messrs. Albritton, Beam, Bizzell, Brown, Bynum, Costner, 
Cowles, Crawford, Davenport, Fey, Gilliam, Grier, Hodges, 
Hooper, Lemmonds, Logan, Love, Manning, McKay, Peebles, 
Person, Reynolds, Robinson, Stanford and Williams — 25. 

Mr. Williams offered the following as an additional section : 

Be it further enacted^ That each private and non-commis- 



208 HOUSE JOURKAL. [Session 

sloned officer in the military service of the Confederate States 
from this State be allowed three dollars per month over and 
above the pay now allowed by the government of the Con- 
federate States, to be paid out of the Treasury of the State of 
North Carolina. 

On motion of Mr, Shepherd, the Revenue Bill was made 
the special order for to-morrow at 11 o'clock. 

Received from the Senate a message stating that the Senate 
proposes to tlie House of Commons at 1 o'clock to-morrow to 
go into an election for Trustees of the University, stating that 
Messrs. Geo. Davis, Wm. A. AYright, J. G. Shepherd, Wm. 
B. Wright, Alex. Wilson, J. W. Osborn, F. E. Shober, M. L. 
Wiggins, David Outlaw, L. C. Edwards, Bryan Grimes, Jas. 
W. Bryan, Ed. Warren, Jno. A. Young, T. J. Wilson, O. H. 
Dockery, K. P. Battle, T. J. Morrisey, R. C. Puryear, W. H. 
Bobbitt, J. Pool, L. F. Siler and W. J. Montgomery had been 
nominated in that body. 

To which proposition the House agreed. 

Mr. Cowles nominated Neill McKay, 

Mr. Grissom " Jno" W. Cameron, 

Mr. Carpenter " Wm. L. Twitty, 

Mr. Beall " W. W. Lenoir, 

Mr. Burgin " Purdie Richardson. 

Ordered^ That the same be transmitted to the Senate. 

Received from the Senate a message transmitting a n,omi- 
"nation for magistrate in New Hanover county. 

Received from the Senate a message stating that the Senate 
declines to agree to the proposition to adjourn on Monday next. 

Pending Mr. Williams' amendment. 

The House adjourned until to-morrow 10 o'clock. 



FRIDAY, January 30, 1863. 
The Speaker presented an invitation of Willie J. Palmer, 
Principal of the Deaf and Dumb and Blind Asylum, to attend 

an exhibition of the pupils this evening at 7 oxdock. 



1862-'63.] HOUSE JOURi^AL. 209 

On motion of Mr. Sherwood, the House accepted the invi- 
tation. 

Messrs. S. F. Phillips, Sam'l Lander, jr., Rev. Jarvis Buxton, ' 
D. M. Carter, Thos. I. Faison, AVm. Sloan, D. A. Barnea, 
Win. J. Houston, Wm. P. Taylor, Gen. D. H. Hill, Thos. L.-» 
Skinner and E. B. Withers, were nominated for Trustees of 
the University, and the same transmitted to the Senate. 

Ordered^ That Messrs. Fonst and Henderson constitute oor ' 
part of the committee to superintend said election. 

Leave of absence was granted to Mr. Grier for the remain- • 
der of this session. 

A number of nominations for Justices of the Peace were ' 
recommended and sent to the Senate. 

Received from the Senate a message transmitting resolu- 
tions aliirming our loyalty, &c. 

On motion of Mr. Grissom, they were laid on the table. 
Received from the^ Senate a message transmitting the fol- 
lowing engrossed resolution : 

A resolution to pay certain claims allowed by the Board qf' 
Claims. Read first time and passed. ■ 

Received from the Senate a message stating certain amend- 
ments made by the Senate to the bill to allow incorporated 
towns to lay ad valorem tax on slaves. 
To which amendments the House agreed. 
Received from the Senate a message stating that the Sen- 
ate declines to recede from its amendment to the bill concern- 
ing Justices in Johnston county. 

Whereupon the House receded from its position of disa- 
greement to said amendment and agreed to the same. 

Received from the Senate a message stating that the Senate 
proposes to amend " a bill for the benefit of persons who 
have entered vacant lands." 

To which amendment the House agreed. 
The Speaker announced that he had approved and signed 
the following resolution : 

A resolution affirming our loyalty and the loyalty of our 
citizens to the Southern Confederacy. 
14 



210 HOUSE JOUENAL. [Session 

The special order was then taken up, it being the Eevenue 
Bill. 

Mr. Shepherd presented the bill aa revised bj the Com- 
mittee on Finance. 

Pending the consideration of which, the hour arrived for 
the election of Trustees of the University, and the House 
proceeded to vote for the same. 

Leave of absience was granted to Mr. HaiTis. of Chatham, 
BDtil Monday. 

Leave of absence was granted to Mr. Hooper for the re- 
mainder of the session. 

On motion, the House adjourned until to-morrow 10 o'clock. 



SATURDAY, January 31, 1863. 

Keceived from the Senate a message, transmitting an en- 
;gro88ed resolution in -favor of Rufus Galloway, Lewis Wil- 
liamson, Elias Barnes and Reuben King. Read Hrpt time 
and passed, and the rules being suspended, was read the 
second time. 

On motion, it was amended by adding the names of the 
following Sheriffs and Tax Collectors : Hector Mcl^eil], E. D. 
Davis, W. W, Long, Wm. Haymore, J. S. Keener, W. W. 
Grier, J. R. Grady, Sidney Deal, R. V. Blackatock and Thos. 
J. Carr. 

Leave of Absence was granted to Mr. Perkins for the re- 
mainder of the Session. 

Mr. Walser, from the Committee on Propositions and 
'Grievances, reported favorably the bill 284, concerning coun- 
rty site of Mitchell county. 

Mr. Costner, from the same, reported adversely a resolu- 
tion, 303, to allow the Secretary of State a clerk. 

Mr. Patterson, from the same, reported adversely H. E. 
J07, in favor of allowing Jno. A. Carr to run a distillery. 

Mr. Fowle presented the following resolution : 

Re ivedy That the Committee on Propositions and Griev- 



1862-63.] HOUSE JOURNAL. 211 

ances inqnire into the circumstances connected with the con- 
tract of the State of North-Carolina with Wm. Gr. Strickland, 
and report to this House what damage, if any, he may have 
sustained thereby. 

"Which was agreed to. 

Mr. Parks presented a petition from certain citizens of 
Burke county, asking that they be attached to Mitchell coun- 
ty. Read, and referred to Committee on Propositions and 
Orievances. 

Mr. Beall presented the following resolution : 

Resolvedy That the Committee on Finance be instructed to 
inquire into the expediency of granting to the soldiers in the 
service of the Confederate States from North- Carolina, three 
dollars per month out of the Public Treasury, and provide 
for raising a tax to pay the same, and report by bill or other- 
wise. 

Which was agreed to. 

Mr. Harris of Cabarrus, presented the following resolution : 

Resolved^ That the Adjutant General be requested to fur- 
nish a tabular statement of the number of volunteers and 
conscripts from each of the several counties of the State, and 
that the same be printed for the use of the General Assembly. 

Which was agreed to. 

Mr. Woodall presented the following resolution : 

Wheheas, the General in command of the Confederate 
forces in Eastern North-Carolina has detailed officers and prir 
vates of his command to impress teams, wagons and drivers in 
the county of Johnston, and whereas said officers and privates 
have impressed all the teams and wagons of some of said 
citizens, and passed by others without giving them a call, 
therefore, • 

Be it resolved, That the Governor be authorized to request 
the General in command to restore to each citizen (all of 
whose teams and wagons have been impressed) a part, at 
least, of his teams and wagons, and make up the deficiency 
by calling upon those who have not yet been required to fnf- 
nish any, both in Johnston and the adjacent counties. 



212 HOUSE JOUENAL, [Session 

Several nominations for magistrates were recommended 
and transmitted to the Senate. 

On motion of Mr. Peebles, H. R. 189, in favor of W. W. 
Happer was taken np and passed its second and third readings. 

On motion of Mr. Sherwood, H. B. 273, in favor of C. A- 
Boon, sherifi', was taken np and passed its third reading. 

Mr. Richardson introduced a bill, 310, in reference to fi'ab 
in Peedee river. Read iirst time and passed. 

Mr. Burgin,. a bill 311, concerning the location of the seat 
of government. Read first time, passed and referred to the- 
Judiciary Committee. 

Mr. Foy, a bill 312, to authorize the Governor to collect 
ihe militia of the State and re-organize the same. Read first 
time, passed and referred to the Committee on Military 
Affairs. 

Mr. Joyner, a bill 313, to amend 5th sectian of 5th chapter 
of the Revised Code. Read first time, passed and referred 
to the Judiciary Committee. 

Mr. Patterson, a resolution 814, concerning purchase of 
arms from Hillsborough Military Academy. 

Mr. Hampton, a bill to appoint commissioners to sell the 
old jail of Wilkes county. Read first time, passed, and under 
a suspension of the rules, passed its second and third readings. 

Leave of absence was granted Mr. Bizzell for the remainder 
of the session. 

Mr. Foust, from the committee to superintend the election 
of Trustees of the University, reported as follows: 

The whole number of votes cast was 146 ; necessary to a 
choice 74. 

Hon. J. G. Shepherd received 103 votes ; Keill McKay 
100 ; Dr. E. Warren 92 ; Gen. D. H. Hill 60 ; Kemp. P. Bat- 
tle 55 ; L. F. Siler 64 ; F. E. Shober 47 ; Hon. Geo. Davis 
47 ; Maj. Purdie Richardson 44 ; Mason L. Wiggins 44 ; Jno. 
Pool 43 ; Thomas 1. Faison 36 ; Rev. W. H. Bobbitt 36 ; J. 
W. Bryan 35 ; W. W. Lenoir 34; W. B. Wright 29; John 
W. Cameron 26 ; L. C. Edwards 25 ; Wm. A. Wright 24 ; C. 
B. Riddick 23 j J. J. Davia 23 ; W. L. Twitty 23 ;. Hon. J. W. 



1862-'63.] HOUSE JOUKNAL. 213 

Osborn 23 ; Dr. R. L. Beall, 19 ; David Outlaw 18 ; Samuel 
F. Phillips 18 ; W. J. Montgomery 16 ; David Barnes 16 ; E. 
B. Withers 15 ; Rev. Alex. Wilson 14 ; David M. Carter 14; 
Hon. R. C. Pnryear 12 ; Bryan Grimes 12 ; W. J. Houfiton 
n ; T. J. Wilson 10 ; T. J. Morrisy 9 ; Gov. Z. B. Vance 8 ; 
Samuel Lander 8 ; Dr Charles Skinner 8 ; Hon. S. J. Person 
8 ; W. W. Peebles 6 ; Rev. Jarvis Buxton 5 ; Rev. Thos. E. 
Skinner 4; Rev. W. P. Taylor 3 ; William Sloan 1; O. H. 
Dockery 1 ; J. M. S. Rogers 1 ; M. Q. Waddell 1 ; C. B. San- 
ders 1 ; Eugene Grissom 1 ; A. C. Cowles 1 ; J. W. Elliti I ; 
Solomon Williams 1 ; Hon. Bedford Brown 1 ; Joseph Can- 
non 1. 

The Hon. J. G. Shepherd, Keill McKay and Dr. E. War- 
ren, having received a majority of all the votes cast are duly 
elected. Respectfully submitted, 

f'lTFS TFTTCh' \G^'^' on the part of the Senate. 



L. 

J. H 



HENDERSOjS", I ^ ,, t j^4t IT 

FT FOTTST \ ^*^^' ^^ ^^^ ^ar^ oj ths House. 



The Revenue Bill was then taken up. On the reading of 
the 2nd clause of the 1st section, Mr. Person offered the fol- 
lowing amendment : 

" All slaves (excepting such as the Count}' Court may have 
exempted or may hereafter exempt from taxation on account 
of bodily or mental infirmity) and for the purpose of ascer- 
taining the value, the County Court shall appoint three asses- 
sors for each Captain's district, whose duty it shall be within 
twenty days to assess the value of all the slaves in their district 
and make return of th-e lists to the Clerk of the County Court, 
which list shall set forth each slave and the value thereof, from 
which list the clerk shall within five days ascertain the aver- 
age value of the slaves in his county, and transmit a certificate 
thereof to the Public Treasurer, who, with the assistance of 
the Comptroller, shall ascertain therefrom the average value of 
slaves in the State, and shall advertise it in the public news- 
pers and certify the same to the Clerk of the County Courts 
within tea days, and the Clerk in making out the tax list shall 



214 HOUSE JOURNAL. [SessioE^ 

add to or deduct from the assessed value of the slaves in his- 
county such per cent as shall be neceesary to cause the value 
as assessed for his county to correspond with the average 
value throughout the State. And any person failing or neg- 
lecting to perform any of the duties herein prescribed, shall,, 
upon motion by the County Attorney in the Superior or Coun- 
ty Court, in the name of the State, be amerced in the sum of 
two hunded dollars, and when any assessors or clerks shall 
fail to make returns, the Clerk or Treasurer shall ascertain the 
average from the number of returns made." 

Which amendment was agreed to — Yeas 64, nays 27. 

A call for the yeas and nays being seconded by ono-lifth of 
the members present, 

Those who voted in the aflSrmative are : 

Messrs. Bernhardt, Barringer, Beam, Brown, Bryan, Bry- 
aon, Burgin, Burns, Carpenter, Cobb, Costner, Cowles, Craig,. 
Crawford, Davenport, Davis, Dunn, Fleming, Flynt, Foust,. 
Foy, Gentry, Gilliam, Glenn, Harris of Cabarrus, Hawes, 
Henderson, Henry of Henderson, Headen, Hodges, Howard,. 
Horton, Jenkins, Joyner, Judkins, Keener, Kelly, Kirby, 
Laws, Lemmonds, Logan, Love, Lyle, Manning, McKay, Mc- 
JSTeill, Nissen, Parks, Peebles, Person, Reynolds, Richardson, 
Rives, Rhodes, Robbins, Robinson, Stanford, Stancill, Yann,. 
Waddell, Wallen, Walser, Wellborn and Williams — 64. 

Those who voted in the negative, are : 

Messrs. Allison, Albritton, Amis, Beall, Berry, Best, Biz- 
zell, Carson, Fowle, Grissom, Hampton, Harrison, Henry of 
Bertie, Ingram, Long, Mann of Hyde, McCormick, McRae, 
Patterson, Perkins, Riddick, Russ, Shepherd, Sherwood, Sho- 
ber, Smith of Washington, Woodall and Young of Iredell — 27. 

A number of committee amendments were then agreed to. 

Mr. Person moved to strike out the word " banking," in a 
committee amendment taxing "money invested in banking, 
manufacturing, railroads," &c. Agreed to — yeas 52, nays 38, 

A call for the yeas and nays being seconded by one-lifth of 
the members present. 

Those who voted in the affirmative, are : 



1862-^63.] aOUSE JOUENAL. -215 

Messrs. Barringer, Bryan, Carpenter, Cobb, Costner, 
Cowles, Crawford, Davenport, Davis, Fleming, Flynt, Foust, 
Foy, Gentry, Gilliam, Glenn, Hampton, Hawes, Henderson^ 
Henry of Henderson, Hodges, Ingram, Jenkins, Joyner, JTud- 
kins, Kelly, Keener, Kirby, Lemmonds, Love, Mauri of Hyde, 
Manning, McKay, McNeill, McRae, Nissen, Parks, Person, 
Keynolds, Riddick, E,ives, Rhodes, Robbins, Robinson, Russi 
Sherwoord, Stancill, Yann, Wallen, Walser, Wellborn, Wil- 
liams and Woodall — 52. 

Those vpho voted in the negative are : 

Messrs. Allison, Albritton, Amis, Bernhardt, Beall, Berry, 
Best, Brown, Burgiu, Burns, Carson, Craig, Dunn, Fowle,Grifl- / 
8om, Harris of Cabarrus, Harrison, Headen, Hollings worth, 
Howard, Horton, Long, Lyle, Mann of Pasquotank, McAden, 
McCormick, Pearce, Perkins, Richardson, Shepherd, Stan- 
ford, Watson and Young of Iredell — 38. 

Mr. Cowles moved to strike out the 6th clause of the Ist 
section, being the one taxing stock for sale. 

Mr. Shepherd stated that the committee also recommended 
that it be stricken out. 

The House refused to strike out. 

Mr. McRae moved that the vote just taken be reconsid- 
ered. Agreed to— yeas 42, nays 36. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Aliicson, Bernhardt, Beall, Beam, Best, Bryan, Bry- 
son, Burgin, Carpenter, Carson, Costner, Cowles, Craig, Da- 
venport, Flynt, Gentry, Hampton, Headen, Hollings v/orth', 
Howard, Horton, Ingram, Keener, Kelly, Lyle, Mann of 
Pasquotank, McCormick, McKay, McRae, Nissen, Parks, 
Rives, Shepherd, Sherwood, Waddell, Wallen, Walser, Well- 
born and Young of Iredell — 4:2. 

Those who voted in the negative are ': 

Messrs. Albritton, Barringer, Berry, Brown, Burns, Craw- 
ford, Dunn, Foust, Foy, Gilliam, Glenn, Grissom, Harris of 
Cabarrus, Harrison, Henderson, Hodges, Jenkint, Lemmonds^ 



HOUSE JOURNAL. [Session 

Long, Mann of Hyde, Manning, McAden, Patterson, Peebles, 
l*erkins, Re^^nolds, Kichardson, Riddick, Rhodes, Robbins, 
Robinson, Stanford, Stancill, Yann, Watson and Woodall— 36. 

The question then recurring upon the motion to strike out, 
'it was decided in the negative — yeas 32, nays 46. 

A call for the yeas and nays being seconded by one-lifth of 
the members present, 

Those who voted in the affirmative are i 

Messrs. Bernhardt, Bryan, Bryson, Burgin, Burns, Carpen- 
ter, Carson, Costner, Cowles, Craig, Davenport, Fleming, 
Gentry, Hampton, Henry of Henderson, Holliugsworth, 
Howard, HortOn, Keener, McCorraick, McKay, McKae, Nis- 
ien. Parks, Person, Rives, Rliodes, Shepherd, Waddell, Wal- 
len, Walser and Wellborn— 32. 

Those who voted in the negative arc: 

Messrs. Allison, Albritton, Amis, Barringer, Beall, Berry» 
'Best, Brown, Crawford, Dunn, Foust, Foy, Gilliam, Glenn^ 
Grissom, Harris of Cabarrus, Harrison, Hawes, Henderson^ 
Headen, Ingram, Jenkins, Kelly, Kirby, Lemmonds, Logan, 
Long, Lyle, Mann of Hyde, Mann of Pasquotank, Manning, 
McAden, Patterson, Peebles, Reynolds, Richardson. Riddick, 
Robbins, Robinson, Russ, Slierwood, Smith of Washington, 
Stanford, Stancill, Vann, Watson, Woodall and Young of 
Iredell — 46. 

Mr. Robbins offered an amendment proposing to add to 6th 
clause of 1st section, "and all cotton and tobacco except that 
which is owned by the producer, or which has been pur- 
chased by the owner for his own use or that of iiis familly or 
dependents, and further except such cotton as m iv have been 
purchased by any person or corporation for the purpose of 
manufacturing." 

Which was agreed to — yeas 78, nays 3. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, 
Beall, Beam, Berry, Best, Brown, Bryan, Bryson, Burgin, 



I ' l862-'63.] HOUSE JOURNAL. 217 

Burns, Carpenter, Carson, Costner, Cowles, Craig, Crawford, 
Davenport, Dunn, Fleming, Foust, Foj, Gentry, Gilliam, 
Glenn, Grissom, Hampton, Harris of Cabarrus, Harrison, 
Hawes, Henderson, Henry of Henderson, Headen, Hollings- 
worth, Howard, Horton, Ingram, Jenkins, Judkins, Keener, 
Kelly, Kirby, Lemmonds, Logan, Long, Manning, McAden, 
McCormick, McKay, McNeill, McRae, Parks, Patterson, 
Pearce, Peebles, Peikins, Person, Reynolds, Richardson, 
Rives, Rhodes, Robbins, Robinson, Russ,Shepherd, Sherwood, 
Smith of Washington, Stancill, Yann, Waddell, Wallen, 
"Walser, Watson, Wellborn, and Young of L-edell — 78, 

Those who voted in the negative are : 

Messrs. Uizzell, Maim of Hyde, and Woodall — 3. 

Mr. Robbins offered an amendment to the 2nd line of sec- 
tion 4th : Strike out all after the word " corporations " and 
insert "shall be listed among the individual stockholders in 
the county where the stockholders reside." 

Which was agreed to. 

Mr. Harris of Cabarrus, moved to reconsider the vote by 
which Mr. Robbins amendment to section 1st was agreed to. 
Which motion was not agreed to — Yeas 8, nays 62. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Brown, Harris of Cabarrus, Mann of H^'de, Rich- 
ardson, Shepherd, Sherwood, Wellborn and Woodall — 8. 

Those who voted in the negative are : 

Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, 
Beall, Beam, Best, Bryan, Bryson, Burns, Carpenter, Carson, 
Costner, Craig, Crawford, Davenport, Dunn, Foust, Foy, 
Gentry, Grissom, Hampton, Harrison, Hawes, Henry of 
Henderson, Headen, Hodges, Horton, Ingram, Jenkins, 
Keener, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann 
of Pasquotank, Manning, McOormick, McKay, McNeill, 
McRae, Parks, Peebles, Perkins, Reynolds, Rives, Rhodes, 
Robbins, Robinson, Russ, Smith of Washington, Stanford, 



218 HOUSE JOURNAL. [Session 

Stancill, Vann, Waddell, Wallen, Walser, Watson and Young 
of Iredell— 62. 



Afternoon Session— SATURDAY, January 31, 1863. 

The Revenue Bill was under consideration. 

A number of committee amendments were read and 
agreed to. 

Mr. McKay offered to amend section 6th, so as to value land 
every four j^ears and slaves every two years. Not agreed to. 

On motion, the House took a recess to 7 o*clock. 



Night Session— SATURDAY, January 31, 1863. 

The Revenue Bill was further considered. 

Mr. Brown moved to reconsider the vote by which me 
House declines to strike out the 6th clause of section 1st. 
Agreed to — Yeas 38, nays 29. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Bernhardt, Barringer, Beall, Brown, Bryan, Bryson, 
Burgin, Carpenter, Carson, Costner, Cowles, Davenport, 
Elynt, Gentry, Hampton, Henry of Henderson, Hollings- 
worth, Howard, Horton, Ingram. Keener, Logan, Lyle, Mc- 
Cormick, McKay, McNeill, McRae, Parks, Reynolds, Rob- 
bins, Russ, Shepherd, Sherwood, "Waddell, Wallen, Walser, 
Wellborn and Young of Iredell — 38. 

Those who voted in the negative are : 

Messrs. Allison, Albritton, Amis, Beam, Best, Cobb, Dunn, 
Foust, Foy, Harrison, Hawes, Henderson, Headen, Hodges, 
Kelly, Kirby, Long, Mann of Hyde, Mann of Pasquotank, 
Manning, Peebles, Person, Richardson, Robinson, Smith of 
Washington, Stancill, Yann, Watson and Woodall — 29. 



1862-'63.] HOUSE JOURNAL. 219 

Mr. Gentry moved to strike out the 6th clause of the Ist 
section of the bill. 

Pending which motion, the Ilouse adjourned until Monday 
morning 10 o'clock. 



MONDAY, Febrijary, 2, 1863. 
A message was received from the Senate transmitting the 
following engrossed bills and resolutions : 

319, a bill in relation to the county site of Mitchell county. 
Read first time and passed. 

320, a bill to alter the rules of law in relation to the probate 
of wills. Read first time, passed, and under a suspension of 
the rules, passed its second and third readings. 

321, resolution in favor of A. C. Latham, sherifif of Craven 
county. Read first time, passed, and under a suspension of 
the rules, passed its second and third readings. 

322, a bill to provide for the completion of the claim of North 
Carolina against the Confederate government. Read first time 
and passed. 

Mr. Waddell introduced a bill 323, to secure rights to prop- 
erty owned previous to marriage. Read first time and passed. 

Mr. Fowle, a resolution 324, in favor of Wm. Thompson. 
Read first time and passed, and referred to the Committee on 
Claims. 

Mr. Russ, a bill 325, in relation to the sale of spirituous 
liquors in the county of Bladen. Read first time and passed. 

Mr Wellborn, a bill 326, to incorporate the Yadkin Yalley 
and Western Railroad Company. Read first time and passed, 
and ordered to be printed. 

Mr. Shepherd, by leave, presented a memorial from certain 
citizens of Randolph county. Read and referred to the Com- 
mittee on Military Afiairs. 

Mr. Grissom presented the following resolution : 

Hesolved^ That our Senators and Representatives in Con- 
gress be respectfully requested to use their best exertions to 



220 HOUSE JOURNAL. [Session 

induce that body to raise the paj of privates and non-com- 
missioned officers in the armies of the- Confederate States to 
twenty dollars per month. 

Which was agreed to — Yeas {♦S, nays 0. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Avera, Bernhardt, Barringer, 
Beall, Beam, Berry, Best, Brown, Bryan, Sryson, Bnrgin, 
Burns, Bynnm, Carpenter, Carson, Cobb, Coatner, Cowles, 
Craig, Davenport, Dnnn, Fleming, Flynt, Fonst, Fowle, Foy, 
Gentry, Gilliam, Glenn, Greene, Grissora, Hampton, Harris 
of Cabarrus, Harris of Chatham, Harrison, Henderson, Henry 
of Bertie, Henry of Henderson, Headen, Hollingsworth, How- 
ard, Horton, Ingram, Jenkins, Joyner, Judkins, Keener, Kelly, 
Kerner, Kirby, Lemmonds, Logan, Long, Love, Lyle, Mann of 
Hyde, Mann of Pasquotank, Manning, McAden, McCormick, 
McKay, McNeill, McEae, Nissen, Parks, Patterson, Peebles, 
Person, Reynolds, Richardson, Riddick, Rhodes, Robbins, 
Robinson, Russ, Russell of Craven, Shepherd, Sherwood, 
Smith 6f Washington, Stanford, Stancill, Vann, Waddell, 
Wallen, Walser, Watson, Wellborn, Williams, Woodall,Young 
of Iredell, and Young of Yancey — 93. 

The member elect from the county of Columbus, Mr. For- 
ney George, appeared, presented his credentials and was 
qualified in accordance with the law. 

The Revenue Bill was then considered. 

The pending question being the motion of Mr, Gentry to 
strike out 6th clause of section 1st, the House refused to strike 
cut — jeas 44, nays 45. 

A call for the yeas and nays being seconded by one-fiftli of 
the members present, 

Those who voted in the affimative are : 

Messrs. Bernhardt, Beall, Brown, Bryan, Bryson, Burgin, 
Carpenter, Carson, Costner, Cowles, Craig, Fleming Flynt, 
Gentry, Glenn, Greene, Hampton, Harris of Cabarrus, Har- 
ris of Chatham, Henry of Henderson, Hollingsworth, Howard, 



4 



1862-'63.] HOUSE JOURNAL. 221 

Horton, Kerner, Lemmonds, Love, Lyle, McAden, McCor- 
mick, McKay, McNeill, McRae, Nissen, Parks, Person, Rey- 
nolds, Rhodes, Russell of Craven, Shepherd Sherwood, Wad- 
dell, Wallen, Wellborn and Young of Yancey — 44. 

And those who voted in the negative are: 

Messrs. Allison, Albritton, Amis, Avera, Barringer, Beam, 
Berry, Best, Burns, Bynum, Cobb, Davenport, Dunn, Foust, 
Foy, Gilliam, Harrison, Hawes, Henderson, Henry of Bertie, 
Headen, Hodges, Joyner, Judkins, Kelly, Kirby, Long, Mann 
of Hyde, Mann of Pasquotank, Manning, Patterson, Peebles, 
.Richardson, Riddick, Robbins, Robinson, Rnss, Smith of 
Washington, Spruill, Stanford, Stancill, Yann, Watson, Wii- 
•Jiams, Woodall and Young of Iredell— 45. 

Mr. Cowles moved to strike out the whole of 13tli clause, 
52d section. 

Which motion was not agreed to — yeas 34, nays 58. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those voted in the affirmative are: 

Messrs. Bryan, Bynum, Carpenter, Carson, Cobb, Costner, 
Cowles, Davenport, Flynt, Gentry, Glenn, Greene, Hampton, 
Hollingsworth, Howard, Horton, Ligram, Jenkins, Joyner, 
Laws, Lemmonds, Love, Mann of Pasquotank, Manning, 
McAden, McCormick, McKay, Patterson, Robinson, RusseH of 
Craven, Stancill, Watson, Williams and Young of Yancey — 34. 

Those who voted in the negative are : 

Messrs. Allison, Albritton, Amis, Bernhardt, Barringer, 
Beall, Beam, Berry, Best, Brown, Bryson, Burgin, Burns, 
Craig, Dunn, Fleming, Foust, Fowle, Foy, Gilliam, Grissom, 
Harris of Cabarrus, Harris of Chatham, Harrison, Hawes, 
Henderson, Henry of Bertie, Henry of Henderson, Headen, 
Hodges, Judkins, Keener, Kelly, Kerner, Kirby, Logan, Long, 
Lyle, Mann of Hyde, McRae, Parks, Peebles, Person, Rey- 
nolds, Richardson, Riddick, Rhodes Robbins, Russ, Shep-: 
herd, Sherwood, Smith of Washington, Spruill, Stanford^ 
Waddell, Wallen, Walser, Woodall and Young of L-edell — 58. 
OrdUredj. That Messrs. Young of L-edell, Manning, Smith 



222 HOUSE JOURNAL. [Session 

of "Washington, Eussell of Craven, and Sherwood constitute 
our part r,i' the committee on Enrolled Bills for this week. 

Received from the Senate a messao;e stating that the Sen- 
ate proposes at 1 o'clock to-daj to go into an election of six 
Trustees for the University. 

"Which proposition was agreed to. 

Ordered, That Messers. Wallen and Lemmonds constitute 
our part of the committee to superintend said election. 

The following gentleman were nominated for Trustees of 
the University : 

F. E. Shober, L. C. Edwards, C. B. Sanders, Rev. Wm. B'. 
Bobbitt, J. W. Bryan, Gen. D. H. Hill, Rev. L. F. Siler, M. 
L. Wiggins, D. M. Carter, Geo. Davis, Thomas I. Faison, P. 
Richardson, E. B. Withers, R. C. Puryear, W. L. Twitty, W. 
Peebles, S. J. Person, Rev. C. E. Skinner, R. L. Beall, Jos. 
Keener, S. S. Pitts and W. W. Lenoir. 

The consideration of the Revenue Bill was continued. 

Mr. Fleming offered an additional clause as an amendment, 
taxing excess of production of cotton and tobacco. 

Mr. AVaddell, an amendment to the amendment that farm- 
ers who hjftve heretofore made contracts for the delivery of 
cotton to cotton factors' be excepted. Which was accepted 
by Mr. Fleming. J 

The hour of 1 o'clock having arrived, the House proceeded 
to vote for six Trustees of the University. 

Which being over, the House resumed the consideration of 
the Revenue Bill. 

Mr. Fleming's amendment was not agreed to — Yeas 25, 
nays 60. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Berry, Brown, Bryson, Cowles, Craig, Fleming, 
Flynt, Gentry, Glenn, Hampton, Harris of Cabarrus, Hawes, 
Howard, Btorton, Ingram, Judkins, Keener, Kerner, Logati, 
Love, McRae, Person, Stanford Wellborn and Williams — 25. 

ITiose who voted in the negative are : 



1862-'63.] HOUSE JOURNAL. 223 

Messrs. Allison, Amis, Avera, Beall, Best, Biirgin, Burns, 
Carpenter, Carson, Davenport, Dunn, Foufit, Fowle, Foj, 
Gilliam, Greene, Grissora, Harris of Chatham^ Harrison, Hen- 
derson, Henry of Bertie, Henry of Henderson, Headen, 
Hodges, lioiiingsworth, Jenkins, Joyner, Kelly, Kirby, Laws, 
Long; Lyle, Mann of Hyde, Mann of Pasquotank, Manning, 
McAden,McOormick, McKay, Nissen, Parks, Patterson,Rey- 
nolds, Richardson, Riddick, Rhodes, Robbins, Robinson, Russ, 
Russell of Craven, Shepherd, Sherwood, Smith of "Washing- 
ton, Stancill, Waddell, Walser, Watson, Woodall aud Young 
of Iredell— 60. * 

The House then took a recess to half past 3 o'clock. 



Afteenoon Session— MONDAY, Febeuakt 2, 1863. 

The consideration of the Revenue Bill was resumed. 

Mr. Avera offered an amendment taxing all manufacturers 
who sell at a greater profit than T5 per cent, and all buyers 
who sell at a higher rate of profit than 25 per cent. 

Mr. Person offered as an amendment to the amendment .a 
substitute as follows : 

Every person or corporation manufacturing cotton or wool- 
en cloth, or a mixture of both, cotton, yarn, leather, shoes, 
boots, fiour, fcalt, implements of husbandry, wagons, wagon 
harness, clothing and iron, and every other person who, as 
principal or agent for another, carries on the manufacture of 
any of the foregoing articles ; all nett profit above seventy -five 
per cent upon the cost of production ; and every person or 
Corporation who shall buy any flour, wheat, meat, corn, pork, 
bacon, lard, beef or other article of food to sell again, and all 
nett profit aboVe ten per cent upon all sales made, and every 
person who shall buy to sell again any of the articles specified 
in the former part of the paragraph all nett profit above 25 
per cent upon all sales made. 

Which was accepted by Mr. Avera. 

Mr. Shepherd moved to strike out all that portion of Mr. 



224 HOUSE JOURNAL. [Session 

Person's substitute after the word "production." Agreed 
to — Yea? 53, nays 29. 

A cull for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Alford, Amis, Barringe>', Beam, Berry, 
Brown, Burgin, Carpenter, Cowles, Craig, Flynt, Foust, 
Fowle, Glenn, Grissom, Harris of Cabarrus, Harris of Chat- 
Lam, Harrison, Henderson, Henry of Bertie, Henry of Hen- 
derson, Howard, Joyner, Kerner, Laws, Long, Mann of Hyde, 
Mann of Pasquotank, McAden, McKay, McRae, Nissen, 
Parks, Patterson, Peebles, Reynolds, Richardson, Riddick, 
Rhodes, Robbins, Russell of Brunswick, Russell of Craven, 
Shepherd, Sherwood, Stancill, Waddell, Wallen, Watson, 
"Wellborn, Young of L-edell, and Young of Yancey — 53. 

Those who voted in the negative are : 

Messrs. Albritton, Avera, Beall, Best, Bryan, Bryson, Cobb, 
Crawford, Dunn, Foy, Gentry, Gilliam, Hawes, Hodges, Hor- 
ton, Ingram, Judkins, Keener, Kelly, Kirby, Logan, Love, 
Manning, McCormick, Person, Rives, Russ, Smith of Wash- 
ington, Spruill and Woodall — 29. 

The amendment of Mr. Person, was then agreed to — yeas 
80, nays none. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford Avera, Barringer, Beall, 
Beam, Berry, Best, Bryan, Bryson, Burgin, Carpenter, Cobb, 
Cowles, Craig, Crawford, Dunn, Flynt, Foust, Fowle, Foy, 
Gentry, Gilliam, Glenn, Hampton, Harris of Cabarrus, Harris 
of Chatham, Harrison, Hawes, Henderson, Henry of Bertie, 
Henry of Henderson, Hodges, Howard, Horton, Ingram, Joy- 
ner, Judkins, Keener, Kelly, Kerner, Kirby, Laws, Logan, 
Long, Love, Lyle, Mann of Hyde, Mann of Pasquotank, 
Manning, McAden, McCormick, McKay, McRae, Nissen, 
Parks, Patterson, Peebles, Person, Reynolds, Richard- 
son, Riddick, Rives, Rhodes, Robbin:?, Russ, Russell of 



1862-'63.] HOUSE JOURNAL. 326 

Brunswick, Russell of Craven, Shepherd, Sherwood, Smith of 
Washington, Stancill, Waddell, Wallen, "Watson, Wellborn, 
Woodall, Young of Iredell, and Young of Yancey — 80. 

Mr. Barringer moved to reconsider the vote by which the 
House rejected his amendment taxing the profits and dividends 
of manufacturing companies. Agreed to — yeas 77, nays 2. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Barringer, Berry, 
Best, Bryan, Bryson, Burgin, Carpenter, Cobb, Cowles, Craig, 
Crawford, Dunn, Flynt, Foust, Fowle, Foy, Gentry, Gilliam, 
Grissom, Hampton, Harris of Cabarrus, Harris of Chatham, 
Harrison, Hawes, Henderson, Henry of Bertie, Henry of 
Henderson, Hodges, Howard, Horton, Ingram, Joyner, Jud- 
kins, Keener, Kelly, Kerner, Kirby, Laws, Logan, Long, 
Love, Lyle, Mann of Pasquotank, Manning, McCormick, Mc- 
Kay, McRae, Nissen, Parks, Patterson, Peebles, Person, 
Reynolds, Richardson, Riddick, Rives, Rhodes, Robbins, 
Russ, Russell of Brunswick, Russell of Craven, Shepherd, 
Sherwood, Smith of Washington, Spruill, Stancill, Waddell, 
Wallen, Watson, Wellborn, Woodall, Young of Iredell, and 
Young of Yancey — 77. 

Those who voted in the negative are : 

Messrs. Avera and Beam — 2. 

On motion of Mr. Richardson, the vote by which, on Sat- 
urday, the House agreed to tax stock in Railroads according 
to the value expressed in the charter, was reconsidered. 

On motion, 

The House adjourned until to-morrow 10 o'clock. 



TUESDAY, February 3, 1863. 
Received from the Senate a message transnaM'ng amend^^ 
ments to the bill to amend the charter of the Qhatham K^i.l^ 
roa,d Company. 

" 15 



M HOUSE JOURNAL. [Session 

To which araendments the House agreed. 

Mr. Carpenter presented a memorial from citizens of Ran- 
doljth conntj, accompanied by a bill 327, to alter the day of 
public sales in that county. Read first time and passed. 

Mr. Allison, from th-e Committee on Propositions and 
Grievances, reported concerning the State contract with W. 
G. Strickland, and recommend that the same be faithfully kept 
by both parties, and do not deem any legislation necessary. 

Mr. Burgin, fronj the Committee on Claims, reported the 
memorial of Jno. Rosemand favorably, with a resolution 331, 
in his favor, which, the rules being suspended, was passed its 
second and third readings. Also favorably H. R. 324, in 
favor of Wm. Thompson, which, the rules being suspended, 
-was passed its second and third readings. Also H, R. 188, in 
favor of W. B. Clements' cavalry company, and ask to be 
discharged from its further consideration. 

Mr. Waddell, from the Judiciary Committee, reported a 
petition of Sally Scott, asking that she be allowed to choose 
a master and go into slavery, and asked to be discharged from 
Its further consideration. 

Mr, Allison, from the Committee on Propositions and 
^Grievances, reported a petition of certain citizens of Burke 
county, and a bill 328, to attach a portion of Burke county to 
the county of Mitchell. Read first time and passed, 

Mr. Fowle, from the Judiciary Committee, reported a 
•resolution of instruction concerning the title of Mary Twett 
to a grant, and ask to be discharged from its further consid- 
eration. Also H. B. 306, favorably, with amendments. Also 
E. B. 207, favorably. Also H. B.'304:, favorably. 

Mr. A^era presented the following resolution : 

Resolved^ That this Legislature adjourn sine die on Monday, 
the 9th inst, at 5 o'clock A. M. 

Laid over under the rules. 

On motion of Mr. Flynt, H. R. 201, in favor of John Martin 
-was taken up, and under a suspension of the rules, passed its 
.second and third readings. 

On motion of Mr. Shepherd, H. B. 281, to incorporate the 



1862-'63.] HOUSE JOURNAL. 22T 

town of Dallas, was taken up, and under a suspensicm of the 
rales, passed its second and third readings. 

Mr. On motion of Russ, H. R. 182, in favor of the sureties 
of John S. Willis was taken np, and under a suspension of 
the rules, passed its second and third readings. 

On motion of Mr. Foy, H. R. 192, in favor of W. D. Hum- 
phrey was taken up, and under a suspension of the rules, 
passed its second and third readings. 

On motion of Mr. Waddell, H. R. 190., in favor of L. J. 
Haughton & K. C Hooker was taken up and read the sec- 
ond time. 

Mr. Shepherd offered an amendment, that the injury done 
the lowland on Cape Fear river in Harnett and Cumberland 
be also ascertained and paid for. 

The further consideration of the resolution was postponed 
to give place to the special order. 

Mr. Waller, from the committee to superintend the election 
of Trustees reported as follows : 

Whole number of votes given 135 ; nessessary to a choice 68. 
K. P. Battle Yl ; L. F. Siler 62.; D. H. Hill 58 ; M. L. Wig- 
gins 69; F. E. Shober, 50 ;; Thos. I. Faison 48; Geo. Davis 
39 ; W. M. Bobbitt 35 ; L. C. Edwards 34 ; P. Richardson 
34 ; John Pool 32 ; Thomas Wilson 25 ; W. W. Lenoir 25 ; 
Jas. W. Bryan 18; Samuel Phillips-18-; D. Outlaw 17 ; Wra. 
J. H^ouston 17; W. J. Montgomery 17 ; S. J. Person 12 ; J. 
W. Osborne 12 ; R. C. Puryear 11-; W. L. Twitty 10; John 
W. Cameron 10 ; E. B. Withers 9 ; C. B. Sanders 9 ; D. M. 
•Carter 9; Dr. W. J. Sloan 8 ; Joseph Keener 8 ; Dr. Beall 
^ ; D. A. Burns 5 ; T. J. Mcrrisey 4 ; W. A. Wright 3 ; W. B. 
Wright 2 ; W. W. Peebles 2 ; T. E. Skinner 2 ; S. S. Biddle 
2 ; P. H. Winston 1 ; Fleming 1 ; Richard Smith 1 ; T. J. 
Davis 7 ; J. Buxton 1 ; C. B. Eidie 1 j S. W. Ellis 1 ; B. 
Grimes 1 ; C. Skinner 1. 

K. P. Battle having received a majority is duly elected. 

JNO. A. YOUjS^G, Iq , 
M. RATION, \Sencde.. 

C.Q.LEMMONDS,! „ 
J. WALLEN, ) ^^^^' 



^2S HOUSE JOURKAL. [Session 

Mr. Kirby introduced a bill, 330, in favor of G. W". Crurap- 
ler. Read first tinae, passed, and the rules being suspended^ 
was passed its second and third readings. 

Mr. Rus3 a bill, 329, in relation to runaway slaves. Read 
first time, passed, and referred to Judiciary Committee. 

The Speaker announced that he had signed and approved 
the following bills and resolutions: 

Resolution in favor of Wm. L. Shannon ; 

Resolution in favor of Daniel Tucker ; 

An act to amend an act to empower the town of Wilming- 
ton to establish streets, and for other purposes ; 

An act authorizing one-third of the Justices of the Peace 
in any county in the State to transact business; 

An act to legalize the proceedings of a County Court held 
in Henderson county ; 

An act to authorize incorporated towns to lay an additional 
tax on slaves ; 

An act for the benefit of persons who have entered vacant 
lands ; 

An act for the relief of the citizens of Alleghany county ; 

An act to amend 46th chapter, 18th section of Revised 
Code •, 

An act in favor of Isaac Arledge ; 

Resolution in favor of George Credle. 

The Revenue bill was then taken up, Mr. Robbins^ amend- 
ment being under consideration. 

Mr, Robbins submitted his amendment as follows: "On 
every dollar of nett profit or dividend, or profit not previously 
listed, declared, received or due, dnring the year preceding 
the first day of April in each year, upon money or capital 
invested in the manufacturing of cotton or woolen goods, or 
leather, also upon every dollar of nett profit, or dividend, 
or money in steamboat companies, whether incorporated or 
not, and of profit or dividend on Railroad stock, a tax of two 
per cent." 

Mr. McKay moved to strike out " two " and insert " five '" 
per cent. Not agreed to — jeas 33, nays 55. 



1862-'63.] HOUSE JOURNAL. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Albritton, Alford, Bynum, Carpenter, Cobb, 
Cowles, Crawford, Davis, Foy, Gentry, Gilliam, Hampton, 
Hawes, Henderson, Hodges, Horton, Ingram, Jenkins, Joy- 
ner, Jndkins, Kirby, Lemmonds, Logan, Manning, McCor- 
mick, McKay, Person, Reynolds, Riddick, Rnss, Stanford, 
Stancill, Williams and Young of Yancey — 33. 

Those who voted in the negative are : 

Messrs. Allison, Amis, Avera, Bernhardt, Barringer Beall, 
Benbnry, Berry, Brown, Bryan, Bryson, Burgin, Burns, Car- 
son, Costner, Craig, Dunn, Fleming, Flynt, Foust, Glenn, 
Grissom, Harris of Cabarrus, Harris of Chatham, Harrison, 
Henry of Bertie, Henry of Henderson. Headen, Howard, 
Keener, Kelly, Kerner, Laws, Long, Love, Lyle, Mann of 
Pasquotank, McAden, McRae, Nissen, Parks, Richardson, 
Rives, Rhodes, Robbins, Russell of Brunswick, Russell of 
Craven, Shepherd, Sherwood, Smith of Washington, Wad- 
dell, Wallen, Watson, Wellborn, Woodall and Young of 
Iredell — 55, 

The question then recurring upon Mr. Robbins amend- 
ment, it was agreed to — ^yeas 82, nays 3. 

A call for the yeas and nays being seconded by one-fifth 
of the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Alford, Amis, Avera, Bernhardt, 
Beall, Beam, Benbury, Berry, Best, Brown, Bryan, Bryson, 
Burgin, Burns, Carpenter, Costner, Cowles, Craig, Crawford, 
Davis, Dunn, Fleming, Flynt, Foust, Foy, Gentr}^, Gilliam, 
Grissom, Hampton, Harris of Cabarrus, Harrison, Hawes 
Henderson, Henry of Bertie, Henry of Henderson, Headen 
Howard,Horton, Jenkins, Judkins, Joyner, Keener, Kell^'^jKer- 
ner. Laws, Lemmonds, Logan, Long, Mann of Hyde, Mann of 
Pasquotank, Manning, McAden, McCormick, McKaj', Mc- 
Neill, McRae, Nissen, Parks, Patterson, Person, Reynolds* 
Richardson, Riddick, Rives, Rhodes, Robbins, Rass, Russell 



230 HOUSE JOURNAL. [Session 

of Brunswick, Russell of Craven, Shepherd, Sliorwood, Smith 
of Washington, Stanford, Waddell, Wallen, Watson, Well- 
born, Woodall, Young of Iredell, and Toung of Yancey — 82. 

Those who voted in the negative are : 

Messrs. Barringer, Harris of Chatham, and Lyle — 3. 

The consideration of the bill was continued ; when its read- 
ing by sections had been finished, 

Mr. Sherwood moved to amend certain sections so as to 
tax " Confederate and State Bonds." 

Which was agreed to — j^eas 43, nays 37. 

A call for the yeas and nays being seconded bj one-fifth of 
the members present, 

Those who voted in the affirmative are: 

Messrs. Allison, Albritton, Amis, Avera, Beall, Benbury, 
Berry, Best, Bryan, Bryson, Burgin,Cai-penter,Cai'son,Cowles, 
Craig, Dnnn^ Flynt, roy,Gentry, Hampton, Harris of Chatham^ 
Henry of Bertie, Henry of Henderson, Howard, Horton, Joy- 
ner, Kelly, Kerner, Laws, Lyle, Mann of Hyde, Mann of Pas- 
quotank, McCormick, Nissen, Parks, Patterson, Robbins, Rus- 
sell of Brunswick, Sherwood,Waddell,WatsoD,Woodall, Young 
of Iredell, and Young of Yancey — 43. 

Those voted in the negative are : 

Messrs. Barringer, Beam, Brown, Byniim, Costner, Craw- 
ford, Fleming, Foust, Gilliam, Harris of Cabarrus, Harrison, 
Hawes, Henderson, Headen, Hodges, Judkins, Keener, Kirby^ 
Lemmonds, Logan, Long, Love, Manning, McAden, McKay, 
McKeill, McRae, Person, Reynolds, Richardson, RiveSy 
Rhodes, Russell i)f Craven, Shepherd, Smith of Washington, 
Stanford and Stancill— 37. 

Received from the Senate a message stating that the Sen- 
ate proposes to adjourn sme die at 5 o'clock A. M. on Mon- 
day next. 

Upon which no action was taken. 

The Revenue Bill as amended, was then passed its third 
reading. 

On motion, 

The House adjourned until to-morrow 10 o'clock.- 



1862-'68.] HOUSE JOURNAL. 231 

WEDNESDAY, Februaet 4, 1863. .=«.,„..«*. 

Mr. Euss introduced a resolution. No. 332, for the relief of 
J. W. Cromartie. Read first time, passed, and referred to 
Committee on Claims. 

Mr. Burns a resolution, 333, in favor of B. P. Dunlap. 
Read first time, passed, and referred to Committee on Claims. 

Mr. Horton presented a resolution instructing the commit- 
tee on Military Afi'airs to inquire into the expediency of rais- 
ing the pay of the Clerks in the Adjutant General's office* 

Mr. Person, from the Committee on Military Aflfairs, re- 
ported a bill. No. 334, to arnoid aa act entitled militia. Read 
first time, passed, ordered to be printed, and made the special 
order for to-morrow at 11 o'clock. 

Mr. Shober, from the Committee on Education, reported 
favorably H. B. 271, to incorporate Springfield Literary So- 
ciety. 

The following bills were, under a suspension of the rules, 
passed their second and third readings : 

S. B. 335, to amend an act entitled Militia Bill ; 

S. B. 293, concerning the State Educational Association; 

H. B. 195, for the relief of the sureties of W. W. Profitt ; 

H. R. 202, in favor of W. W. Grier ; 

H. R. 205, in favor of A B. Downs ; 
" 184, in favor of R. Y. Blackstock; 
" 185, in favor of J. R. Davis ; 
" 186, in favor of R. Y. Blackstock. 

Mr. Russell of Brunswick, introduced a bill, 336, in refer- 
ence to Courts in Brunswick county. Read first time, and 
the rules being suspended, was passed. its second and third 
readings. 

Mr. Waddell a bill, 337, to extend the charter of the Pitts- 
borough and Haywood Plankroad Company. Read first time 
and passed. 

Received from the Senate a message, stating its disagree- 
ment to the amendments made by the House to the Revenue 
bill. 

Received from the Sonate a inespfige, stfiting that the Sen- 



■ 



2^^ HOUSE JOURNAL. , [Session 

ate proposes, at 1 o'clock to-day, to go into an election of five 
Trustees of the University. 

Which proposition was agreed to. 

Received from the Senate a message, transmitting certain 
nominations for magistrates for Halifax county. 

Which were agreed to. 

The following gentlemen were nominated as candidates for 
Trustees : U. W. Cannon, C. H. Wiley, P. Richardson, S. J. 
Person, J. W. Bryan, Thos. I. Faison, W. J. Houston, W. 
W. Lenoir, L. F. Siler, D. H. Hill, W. W. Peebles, L. C. 
Edwards, M. L. Wiggins, R. L. Beall, D. A. Barnes, D. M. 
Carter, D. Outlaw, F. E. Shober, Geo. Davis, Juo. Pool, Thos. 
iT. Wilson. 

Ordered^ That Messrs. Dunn and Bynum constitute our 
part of the committee to superintend said election. 

Mr. Fowle moved that the rules be suspended, and S. B. 
319, in relation to the county site of Mitchell county be 
taken up. 

Which motion was not agreed to — yeas 29, nays 54. 

A call for the yeas and nays being seconded by one-fifth of 
the members present, 

Those who voted in the affirmative are : 

Messrs. Bernhardt, Barringer, Beall, Berry, Bryan, Burgin, 
Costner, Fowle, Foy, Gentry, Gilliam, Harrison, Henry of 
Henderson, Howard, Horton, Ingram, Kerner, Laws, Lem- 
monds, Long, Love, Mann of Pasquotank, Parks, Person, 
Russell of Brunswick, Russell of Craven, Stancill, Waddell 
Wallen— 31. 

Those who voted in the negative are : 

Messrs. Allison, Albritton, Amis, Avera, Beam, Benbury, 
Best, Brown, Bryson, Burns, Bynum, Carpenter, Carson, 
Cobb, Craig, Crawford, Davis, Dunn, Foust, Hampton, Har- 
ris of Cabarrus, Harris of Chatham, Hawes, Henderson, 
"Henry of Bertie, Headen, Hodges, Jenkins, Joyner, Judkins, 
Keener, Kelly, Kirby, Lyle, Mann of Hyde, Manning, 
McCormick, McKay, McNeill, McRae, Patterson, Peebles, 
Reynolds, Rives, Robbins, Russ, Shepherd, Sherwood, Smith, 



1862-'63.] HOUSE JOURNAL. 233 

Watgon, "Williams, Woodall, Young of Iredell, and Young of 
Yancey — 54. 

On motion of Mr. Logan, H. B. 101, to charter the Broad 
Elver Eailroad Company, was taken up and passed its third 
reading. 

On motion of Mr. Stancill, the rules were suspended and 
H. B. 298, to exempt old men from militia duty, was taken 
np and passed its second reading. 

it was read the third time. 

On motion of Mr. Person, it was amended by striking out 
the preamble and altering the title of the bill. 

The bill then passed its third reading. 

Mr. Person from the Committee on Military Affairs, re- 
ported a bill, 339, to prevent persons from aiding and encour- 
aging deserters. Eead first time, passed, and ordered to be 
printed, and made the special order for to-morrow at 12 
o'clock. 

Mr. Peebles introduced a resolution, 338, concerning mil- 
eage. Read first time and passed, and the rules being sus- 
pended, was passed its second and third readings. 

Mr. McCorraick presented a resolution as follows : 

Resolved, That hereafter no member shall have leave of 
absence except by unanimous consent of the House. 

Laid over under the rules. 

Mr. Headen moved to take up the bill to amend the char- 
ter of the town of Pittsborough. ISTot agreed to. 

On motion of Mr. Shepherd, S. R. 283, to authorize the 
Governor to make salt contracts, was taken from the table 
and considered. 

Mr. Beall moved that it be postponed indefinitely. Agreed 
to— yeas 52, nays 34. 

A call for the yeas and nays being seconded by one-fifth of 
the members present. 

Those who voted in the affirmative are : 

Messrs. Allison, Albritton, Amis, Avera, Barringer, Beall, 

im, Berry, Best, Bryan, Burns, Bynum, Carson, Costner, 
Craig, Crawford, Dunn, Fleming, Fowle,Foy,Gentry,Gil]iam, 



234 HOUSE JOURNAL. [Session f. 

Hampton, Harris of Chatham, Harrison, Henry ol Berti^ 
Headen, Hodges, Horton, Judkins, Kerner, Laws, Lemmonds 
Long, Mann of Hjde, Manning, Nissen," Parks, Patterson 
Peebles, Reynolds, Rives, Rhodes, Russell of Brunswick 
Russell of Craven, Sherwood, Stanford, Stancill, Wallen 
Watson, Woodall and Young of L-edell — 52. 

Those who voted in the negative are : 

Messrs. Alford, Bernhardt, Benbury, Bryson, Bnrgin, Cobfe of 
Flynt, Glenn, Greene, Grissom, Harris of Cabarrus, Haweg 
Henderson, Henry of Henderson, Howard, Ingram, Joynen 
Keener, Kelly, Kirby, Love, Mann of Pasquotank, McCwi 
mick, McKay, McNeill, McRae, Person, Bobbins, Rust 
Shepherd, Smith of Washington, Waddell, Williams ant b 
Young of Yancey — 34. 

On motion of Mr. McKay, H. B. 270, to authorize the Gov 
ernor to issue commissions for holding courts of oyer and teij Ha 
miner, was taken up and after being amended, "was passed iti m 
second and third readings. ijd 

The following bills were approved and signed by thi fj 
Speaker, having been reported from the committee on En m 
rolled bills: i b, 

A bill to alter the rules of law in relation to Probate of Willalr.E 

Resolution in favor of A. C. Latham ; i of' 

A bill in favor of C. A. Boon ; i iatt 

Resolution in favor of Jas. M. Neal. i tlioi 

On motion of Mr. Fowle, the rules were suspended, am f 
S. B. 319, was taken up. 

The hour of 1 o'clock having arrived, the House proce 
to vote for five Trustees of the University. 

Pending the consideration of S. B. 319, 

On motion, 

The House took a recess to half-past 3 o'clock. 



Afternoc:« Session— WEDNESDAY Feb. 4, 1863. 
S. B. 319, concerning county site of Mitchell county vfW 
under consideration, and the question being, shall tho 






-blH, 



;62-'63.] HOUSE JOURNAL. 235 

tss its third reading, it was decided in the negative — yeas 

na3''s 50. 

A call for the yeas and nays being seconded by one-fifth of 
8 members present. 

Those who voted in the affirmative are : 
Messrs. Bernhardt, Beall, Berry, Brown, Burns, Bynnm, 
bb, Costner, Davis, Fleming, Fowle, Gentry, Gilliam, Har- 
of Chatham, Harrison, Henderson, Horton, Jenkins, Joy- 
f, Judkins, Love, Parks, Patterson, Peebles, Person, Rey- 
I ds, Richardson, Rives, Sherwood, Stanford, Stancill, Wad- 
1, Watson and Williams — 34. 
Chose who voted in the negative are : 
fklessrs. Allison, Alford, Avera, Barringer, Beam, Benbury, 
st, Bryan, Bryson, Carpenter, Craig, Crawford, Dann, 
^nt, Fonst, Foy, Glenn, Greene, Hampton, Harris of Cabar- 
, Hawes, Henry of Bertie, Henry of Henderson, Howard, 
Tam, Keener, Kelly, Kirby, Laws, Lemmonds, Lyle, Mann 
Hyde, Mann of Pasquotank, Manning, McCormick, Me- 
y, McNeill, Nissen, Riddick, Robbins, Russ, Russell of 
mswick, Russell of Craven, Shepherd, Shober, Smith, 
lien, Woodall, Young of Iredell and Young of Yancey — 50. 
r. Bynum, from the committee to superintend the elec- 
of Trustees of the University, reported as follows : 
at the whole number of votes cast was 132 ; necessary 
choice 67. 

f which M. L. Wiggins received 82 ; L. F. Siler 76 ; F. 
ihober 71 ; Gen. T>. H. Hill 59 ; Thomas. L Faison 54 ; P. 
Iiardson 46 ; Geo. Davis 31 ; Jno. Pool 25 ; Wm. H. Bobbitt 
D. M. Carter 18 ; S. J. Person 18 ; W. W. Lenoir 15 ; J. 
Cameron 14 ;" David Outlaw 13 ; L. C. Edwards 12 ; W. 
iouston 12 ; C. H. Wiley 12 ; Jas. W. Bryan 10 ; T. J. 
}on 10 ; Jas. W. Osborne 6 ; David A. Barnes 6 ; Sam'l 
l^hillips 6 ; W. A. Wright 4 ; R. L. Beall 4 ; W. J. Mont- 
&ry 4 ; W. B. Wright 3 ; C. B. Sanders 3 ; E. J. Warren 
jV. W. Peebles 2 ; Alex. Wilson 2 ; R. C. Pnryear 1 ; A. 
I^wlcs 1 ; R. H. Smith 1 ; C. B. Riddick 1; T. J. Morrisey 
W. H. Baglcy 1 ; S. J. Neal 1 ; J. J. Davis 1 ; Giles 



236 HOUSE JOURNAL. [Sessi. 

Leitch 1 ; M. Q. Waddell 1 ; E. B. Withers 1 ; Prof. Simmo 
1 ; Col. McAfee 1. 

M. L. Wiggins, F. E. Shober and L. F. Siler having i 
ceived a majority of all the votes cast, are declared electe 

Received from the Senate a message proposing to go iranr 
diatelj into an election of two Trustees of the University. 

Which vras not agreed to. 

On motion of Mr. Shepherd \ sd 

Ordered^ That a message be sent to the Senate stating tl of 
the House insists upon its amendments to the Revenue I m 
and proposes a committee of conference on the same. -^ ira 

Ou motion of Mr. Lemmonds, H. R. 257, in favor of ft 
Austin was taken up, and the rules being suspended, ^i i 
passed its second and third readings. 

Received from the Senate a message stating its agreem<lil 
to the proposition for a committee of conference on the R 
enue Bill. 

Ordered^ That Messrs. Shepherd, Watson, Person, Alii 
and Russell of Brunswick, constitute our part of said ce 
mittee. i i% 

On motion, the House adjourned until to-morrow 10 o'clc 

■->♦>-» -i '_• .1 

THURSDAY, February 5, 1863. 

Received from the Senate a message transmitting resiljan 
tions to provide clothing for certain persons confined in C [r.I 
federate prison at Salisbury, with an amendment. -; |to 

Mr. Love moved to lay the whole matter on the table. \ \\. 
agreed to— yeas 27, nays 6L • 1 tiij 

A call for the yeas and nays being seconded by one-fifiti [^fjj 
the members present, I 

Tliose who voted in the affirmative are : 

Messrs. Brown, Bynum, Cobb, Crawfor